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Tax Code.

Dáil Éireann Debate, Thursday - 8 October 2009

Thursday, 8 October 2009

Questions (88)

Phil Hogan

Question:

85 Deputy Phil Hogan asked the Minister for Finance if it is the policy of the Revenue Commissioners not to prosecute financial institutions in certain circumstances in which an institution incorrectly terminates a customer attachment order; and if he will make a statement on the matter. [35008/09]

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Written answers

The Revenue Commissioners are empowered under section 1002 of the Taxes Consolidation Act 1997 to attach monies due from third parties (including financial institutions) to a taxpayer in discharge of that taxpayer's unpaid tax debt to Revenue. That section sets out clear and specific obligations on a third party served with a Notice of Attachment. It also provides a comprehensive framework for the institution of appropriate proceedings by Revenue where there is a failure by any party to comply with the specific obligations that follow the serving of a Notice of Attachment by Revenue.

I am advised by the Revenue Commissioners that it is their policy to invoke the necessary legislative sanctions where there is a failure by a third party to comply with the obligations set out under s1002 of the Taxes Consolidation Act.

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