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Tax Code

Dáil Éireann Debate, Tuesday - 5 November 2013

Tuesday, 5 November 2013

Questions (246)

Finian McGrath

Question:

246. Deputy Finian McGrath asked the Minister for Finance his views on correspondence (details supplied) regarding a matter for the Revenue Commissioners. [47126/13]

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Written answers

The administration of Stamp Duty is a matter for the Revenue Commissioners. The Ministers and Secretaries (Amendment) Act 2011 put the independence of the Revenue Commissioners in the performance of their functions on a fully statutory basis.

I am advised by Revenue that there has been ongoing correspondence with the solicitor representing the persons concerned relating to an outstanding Stamp Duty issue. The most recent Revenue letter in this regard was dated 18 October 2013, and set out in detail the issues relating to the purchase of the property in question.

The persons concerned are the accountable persons for Stamp Duty purposes. The late payment of Stamp Duty in the case has incurred penalties, which comprise daily interest, a statutory fine and a late payment surcharge. These statutory charges are imposed in respect of late Stamp Duty payments. They are designed to compensate the Exchequer for loss of revenue, to encourage timely payments and to ensure equity for the majority of taxpayers who pay their taxes and duties on time.

The evidence in this case is that a claim was made for a Stamp Duty relief to which the purchasers had no entitlement. I understand Revenue has, however, noted the background to the case relating to a former legal practice.

I am advised that the Revenue Commissioners are prepared to consider a review of the imposition of penalties in the case, if additional evidence is produced to warrant such a review. Should the persons concerned wish to pursue this, they may contact Ms. Michelle Murphy, Revenue National Stamp Duty Office, Dublin Castle, Dublin 2 (Tel. 01.8689306).

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