Dáil Éireann Debate, Tuesday - 17 May 2016
175. Deputy Jim Daly asked the Minister for Finance if there were instances over the past 15 years where the Revenue Commissioners formally approved relief to a taxpayer who had worked abroad for a State agency under section 774(7)(d) of the Taxes Consolidation Act 1997 and subsequently reversed this approval and sought the payment of the amount of relief; the reason for this; and if he will make a statement on the matter. [9395/16]
View answer187. Deputy Jim Daly asked the Minister for Finance further to Parliamentary Question No. 7 of 27 April 2016, why the details of amounts carried forward in the manner described are not separately identifiable; to request the Revenue Commissioners to calculate and identify these; how it is possible that a number of applications for such relief have been denied and a number of applications have been approved; if they are not separately identifiable; if he is satisfied that these figures are not available to him; and if he will make a statement on the matter. [9533/16]
View answerI propose to take Questions Nos. 175 and 187 together.
As the Deputy is aware, subsection 774(7)(d) of the Taxes Consolidation Act provides for the carry forward of tax relief on pension contributions in certain circumstances. This arises due to the limitation on allowable contributions imposed by the age-related percentage limits and overall income cap provided for in subsection 774(7)(c) and section 790A of the Act. Where a person is unable to claim the relief for all of their pension contributions in the year of contribution due to the aforementioned limitation, any unclaimed amount may be carried forward to a subsequent year or years.
I am informed by Revenue that given the scope of the first question, they are not in a position to provide the information in the time available. They will however ascertain if the information requested exists or can be compiled and, on receipt of their reply, I will write separately to the Deputy.
I am also informed by Revenue that in accordance with the self assessment principle, any relief carried forward is claimed in an annual tax return rather than being the subject of a formal approval by Revenue.
As is the case with tax reliefs generally, where Revenue, through its risk focused compliance management approach, becomes aware that the carry forward of relief in respect of pension contributions has been claimed in circumstances where it is not due, for example on the basis of information provided by a taxpayer or agent or as a result of a Revenue intervention, the appropriate arrangements are put in place to deny the relief.
The information requested on tax returns, in addition to being used to compute the taxpayer's liability, is also aimed at obtaining appropriate data in respect of tax reliefs to inform public policy making. As I advised in my reply to Parliamentary Question Number 7 of 27 April 2016, the cost of the carry forward of relief for pension contributions under subsection 774(7)(d) is contained in the overall figure for relief in respect of pension contributions in each year. I am advised by Revenue that, in considering the information taxpayers must provide on their annual tax returns, it is necessary to strike a balance between obtaining an appropriate level of information, having regard to the purpose of such information, and ensuring that the return does not become too complicated or give rise to unnecessary compliance costs for taxpayers.
