Marian Harkin
Question:69. Deputy Marian Harkin asked the Minister for Finance for an update on a decision of the Tax Appeal Commission (details supplied); and if he will make a statement on the matter. [55663/23]
View answerWednesday, 13 December 2023
Questions (69)
Written answers
I am advised by Revenue that each application for exemption or relief from Vehicle Registration Tax (VRT) under the Vehicle Registration Tax (Permanent Reliefs) Regulations 1993 is considered on a case-by-case basis. Such applications may, where appropriate, include the consideration of ‘normal residence’ criteria as defined in the Regulations.
A taxpayer has the right to appeal Revenue’s decision to refuse a Transfer of Residence (TOR) exemption through Revenue’s Complaint and Review Procedures mechanism, and via the Tax Appeals Commission (TAC). Further guidance in relation to both VRT exemptions and reliefs, including TOR relief and the VRT appeals procedure can be found on the Revenue website at: www.revenue.ie/en/vrt/index.aspx
I am further advised that Revenue carefully considers all TAC determinations and is continually reviewing its processes, procedures and Tax and Duty Manuals to ensure compliance with all legislative requirements. In relation to the TAC determination concerned, Revenue confirms that it has considered all aspects of this determination, together with the guidance available to staff, and is satisfied that the printed guidance and the tests applied in determining ‘normal residence’ are appropriate and are applied in a consistent manner. In that regard, four subsequent TAC determinations on this subject have been published in Revenue’s favour in the intervening period.
Finally, Revenue confirms that all reasonable steps are taken to ensure that customers are treated fairly and consistently and with due regard to the specific facts and circumstances of each case. Notwithstanding, Revenue advises each applicant of their right to appeal should they disagree with Revenue’s decision.