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Revenue Investigations.

Dáil Éireann Debate, Tuesday - 23 March 2004

Tuesday, 23 March 2004

Questions (72, 73)

Róisín Shortall

Question:

62 Ms Shortall asked the Minister for Finance the number of persons, companies and trusts being investigated by the Revenue Commissioners arising from the Ansbacher accounts at the latest date for which figures are available; the number of cases in which settlements have been agreed and the amount paid to date; the number of cases still outstanding; if additional action has been taken by the Revenue Commissioners arising from the report of the Ansbacher inspectors; and if he will make a statement on the matter. [8951/04]

View answer

Written answers

I am advised by the Revenue Commissioners that their Ansbacher review has inquired into 289 cases to date and 63 of these cases have concluded settlements with Revenue. The 289 cases, taking account of spouses and connected companies, consist of 300 names.

A total of 211 cases have been under active investigation. The remaining cases consist of 62 non-resident persons, including 17 former Irish residents, 12 individuals who claimed the 1993 amnesty provisions and four cases with insufficient identity information.

The investigation includes examining the tax position of disclosed entities and accumulating and assembling information on other connected entities. The number of connected entities in regard to cases under investigation is now nearly 700.

Revenue is making extensive use of its legislative powers to seek books, records, documents and information in the cases being investigated. Where appropriate, prosecutions will be considered but these will depend on the level of evidence available.

Revenue has made five successful applications to the High Court for the production by financial institutions and third parties of books, records and other documentation, which are relevant to liabilities of Ansbacher account holders. Some 150,000 documents have been received under the terms of the High Court orders. Advanced investigative computer software is used in controlling and managing the documentation.

To date a total of €40.56 million has been received, mostly by way of payments on account, in respect of 82 cases. This is made up of:

€ million

Cases involving Ansbacher or Ansbacher type arrangements

72 Cases

32.84

Other cases involving offshore funds or deposits

10 Cases

7.72

Total

82 Cases

40.56

The 63 cases which have concluded settlements with Revenue consist of 31 cases which were settled on payments of €16.33 million, included in the amount listed, 25 non-resident cases which are covered by the provisions of double taxation agreements, five had no additional liability and two were covered by the 1993 amnesty provisions.

Revenue made an application under section 11 of the Companies Act, 1990, for a copy of the High Court inspectors' report which was made available to Revenue on 6 July 2002. The information in this report has been carefully considered as regards the tax liabilities of the persons concerned. In addition, Revenue has made a further application to the High Court for access to the supporting papers to the High Court inspectors' report. The matter was heard by the High Court on 26, 27 and 28 November 2002 and judgment is reserved. Revenue has informed me that the investigations are time-consuming and complex and are likely to continue for some time to come.

Question No. 63 answered with QuestionNo. 9.

Jan O'Sullivan

Question:

64 Ms O’Sullivan asked the Minister for Finance the progress made by the Revenue Commissioners into allegations that tax improprieties may surround trust operations in a bank (details supplied) in Jersey; if the Revenue Commissioners have reached a determination regarding whether these trusts facilitated tax evasion as distinct from tax avoidance; and if he will make a statement on the matter. [8938/04]

View answer

I am informed by the Revenue Commissioners that this investigation is still ongoing and that substantial progress has been made. Arising from a voluntary disclosure programme, 254 individuals came forward and made voluntary disclosures. To date in excess of €105 million has been received by the commissioners. Revenue now intends to pursue vigorously those individuals who failed to come forward, using all powers available to it. Criminal prosecution will be considered in these cases subject to obtaining the relevant evidence. It is clear from some of the disclosures and the amount collected to date that some trusts were used to evade tax.

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