I am advised by the Revenue Commissioners that their Ansbacher review team has inquired into 289 cases to date and 75 of these cases have concluded settlements with the Revenue Commissioners. The 289 cases, taking account of spouses and connected companies, consist of 300 names. The 289 cases are made up of 179 cases listed on the High Court inspectors' report and 110 similar cases discovered by the Revenue Commissioners or listed on the authorised officer's report.
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 to cases under investigation is now nearly 700.
The Revenue Commissioners continue to make use of their 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. The Revenue Commissioners have made five successful applications to the High Court for the production by financial institutions and third parties of books, records and other documentation 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 €42.79 million has been received, mostly by way of payments on account, in respect of 87 cases. This is made up of the following.
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€
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Cases involving Ansbacher or Ansbacher type arrangements
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75 Cases
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34.55 million
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Other cases involving offshore funds or deposits
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12 Cases
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8.24 million
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Total
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87 Cases
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42.79 million
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The 75 cases which have concluded settlements with the Revenue Commissioners consist of 40 cases which were settled on payments of €25.89 million, included in the amount outlined, 25 non-resident cases which are covered by the provisions of double taxation agreements, eight which had no additional liability and two which were covered by the 1993 amnesty provisions.
The Revenue Commissioners made an application under section 11 of the Companies Act 1990 for a copy of the High Court inspectors' report, which was made available on 6 July 2002. The information in this report has been carefully considered as regards the tax liabilities of the persons concerned. In addition, the Revenue Commissioners made a further application to the High Court for access to the supporting papers to the High Court inspectors' report. Judgment was delivered by the President of the High Court on 25 May 2004 to allow access to the supporting papers relating to clients of Ansbacher named in the High Court inspectors' report and those persons and companies, including members of the board, found by the High Court inspectors to have failed to co-operate with their inquiry.
The judgment also allows for the Revenue Commissioners to make application and grounding affidavit for the obtaining of information and documents relating to any other individual or company. Access to documents is subject to the direction of the High Court. The matter as to the precise terms of the High Court order was adjourned for further directions by the High Court. The Revenue Commissioners have informed me that the investigations are time consuming and complex and are likely to continue for some time to come.
