Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Dáil Éireann díospóireacht -
Thursday, 2 Mar 1989

Vol. 387 No. 9

Adjournment Debate. - Revenue Commissioners' Stamp Duty Services.

Deputy Crotty gave me notice of his intention to raise on the Adjournment the subject matter of his Question No. 65 on today's Order Paper which reads:

To ask the Minister for Finance if his attention has been drawn to the recent decision taken by the Revenue Commissioners to suspend until further notice in respect of stamp duty (a) the postal stamping service and (b) all telephone inquiries concerning individual cases; to the consequental inconvenience and financial cost to the general public; and to the loss of revenue to the Exchequer.

I thank you, a Cheann Comhairle, for giving me the opportunity to raise this important matter. I hope that our deliberations here this evening will introduce some reality into this unfortunate event.

The recent decision of the Revenue Commissioners to suspend the postal stamping services for stamp duty and all telephone inquiries concerning individual cases to my mind and in the view of the people most affected, that is the legal profession, is very high handed. There was no consultation whatsoever beforehand. A notice was inserted in the daily newspapers last week to the effect that these services were being withdrawn immediately. This was indeed a high handed decision on the part of the Revenue Commissioners and amounts to discrimination against rural people and solicitors in particular because people living in urban areas tend to avail of the Revenue Commissioners' counter services in this respect.

The postal service for this purpose is a simple operation. It entails the receipt by the Revenue Commissioners of an envelope containing documents, when they compute the stamp duty tax to be applied to the transaction, stamp the documents and return them to the solicitor concerned. If the Revenue Commissioners are not capable of undertaking that task or making alternative arrangements, then those duties should be handed over to the private sector just as was the collection of taxes to a sheriff in the private sector, which had tremendous results. In other words, taxes are now being paid when due. I heard of a case today of an unfortunate builder who had not paid his PAYE and VAT contributions in time and who was visited by the sheriff two weeks after the due date, which is unprecedented. The Revenue Commissioners personnel in the Stamp Duty Office must be living in cloud cuckooland to be so high-handed as to request people to attend personally at their offices and deliver this tax to them. I wonder what would be the reaction were all solicitors to say to the Revenue Commissioners: we are not going to remit our tax by post; you can come to our offices and collect it? One can well imagine that such circumstances would not arise. Yet such would equate to the decision of the Revenue Commissioners to suspend until further notice the postal stamping service and telephone inquiries on the part of the general public with regard to this important matter.

This decision should be viewed very seriously by the Government because it is undermining the confidence of the people in the State's ability to order its affairs. In effect what the Revenue Commissioners are saying is: "we have not the capacity to deal with postal inquiries in respect of an area which brings in a substantial amount of money." Stamp duty rates are very high and the proceeds from stamp duty are very substantial. The Revenue Commissioners should be welcoming the legal profession with open arms and providing every facility possible to get the stamp duty revenue in as quickly as possible.

The lack of a postal service is a source of great hardship for people down the country. When a person buys a house or indeed land or engages in any other such transaction, he has to pay stamp duty. It is necessary to have the legal documents stamped and the transaction finalised quickly so that the mortgage can be made available. Bridging loans are very expensive. I do not think anybody would be happy to be on bridging for a period longer than necessary. The Revenue Commissioners are certainly causing hardship to this sector of the community and they should take very serious note of that hardship.

A few moments ago I received a reply to my query from the Revenue Commissioners, in which they made a few statements. They state that the withdrawal of the postal service will not add an extra cost to the client or to the solicitor. Who is to bear the cost of the solicitor having to get into his car and drive to Dublin in order to attend at the Stamp Duty Office? One solicitor has told me he sends his wife to the Stamp Duty Office once a week, that she takes a taxi and attends there for quite a considerable time, returning home when the business is completed. This is a definite cost and must be paid for. The legal profession are passing this cost on to the client, the ordinary Joe Citizen, whether he is buying a house or land.

The Revenue Commissioners state also that it can be more efficient to attend at their office and that 75 per cent of all applications for stamping are handled through the public offices. That is not factual, in that most country solicitors send their documents by post. If they use a city agent, the agent must hawk quite a considerable number of documents from his office to the Stamp Duty Office, get them stamped and bring them back again. There is a great fear, that documents will be lost as has happened already, because of the large volume concerned. This is very serious. This failure to provide a service should not be foisted on the very hard pressed community and particularly those buying houses.

I would make a very strong case that the Minister should approach the Revenue Commissioners and tell them to act like adults. I do not think that any firm in the private sector would operate in this fashion. Let us remember that Governments should be giving an example to the private sector on how to run their business, however, I am afraid they have a long way to go. I wonder what would happen if I told my customers in the bakery that I was not prepared to take their cheques by post and that they would have to call personally and give me cash over the counter. I can tell you that my overdraft would be very high, people would not accept it and, if I insisted, they would go to other places to do business. The State has a monopoly, but they should act responsibly. Let us remember that the State is the servant of the people and not the master, that it should act as such and provide the service the people are entitled to.

Where people are making large sums available to the Exchequer I cannot understand why they are being turned away. During the tax amnesty the State wrote off large sums of interest payments, and more power to it as this brought in a lot of money and brought people's tax affairs up to date. However, the State had to use a carrot to get the money in whereas in this case people want to pay but the State will not make it possible for them to do so. This is ludicrous and should not be allowed continue beyond this week.

Serving as a member of the Committee of Public Accounts I know of other difficulties in relation to the collection of tax. I am aware, but I hope it is cleared up now, that cheques sent by taxpayers of all descriptions were retained in the Revenue Commissioners' safe for periods up to three months. In fact one of my own cheques was not cashed for two months. That is not how you would operate in an efficient and organised manner and, as I said at the outset, it would certainly undermine my confidence in the State's ability to order its own affairs in a regulated fashion.

I ask the Minister not to let this situation continue beyond this week. The reply I received today from the Revenue Commissioners was like something you would give to an adolescent, you would certainly not give it to a reasonable person in the street, or to a person charged with a very important duty. For God's sake be realistic and treat the people like adults. Let the Minister act responsibly in the very important position he holds and be responsible to the people we represent.

I am very pleased to have the opportunity to raise this matter on the Adjournment. I hope the Minister will have a positive reply and that I will not hear more drivel of the kind I received in answer to my question today.

I am pleased to have the opportunity to put the record straight on this matter. I sincerely regret if Deputy Crotty feels disappointed with the reply he got today.

The reference to a ban on postal stamping is incorrect. There has simply been a temporary suspension of the service until such time as the current backlog can be cleared. The decision by the Revenue Commissioners should not cause any serious difficulties for members of the public. Most documents for stamping are presented at the public offices in Dublin and Cork and the counter services in these offices are operating normally. Therefore there will be no delays in stamping urgent documents. Delays had arisen in processing postal applications and Revenue staff were having to spend an increasing amount of time dealing with inquiries about delayed cases. The temporary suspension of the postal service will allow the backlog to be cleared quickly.

Housebuyers and other private individuals should not face major increases in legal or other costs as a result of the temporary suspension of the postal service. Solicitors based outside Dublin have the option of using their town agents to present documents on their behalf. Fees for the service are modest. The suspension is temporary. The Revenue Commissioners intend to restore the postal applications service as soon as the backlog has been cleared. Arrangements are being reviewed urgently with a view to providing an improved service in the future.

The Revenue Commissioners did not take this decision lightly. They were faced with a substantial and mounting backlog of existing postal applications and an increasing demand on counter services. The backlog was caused by a combination of an increase in both the number and complexity of documents presented for stamping and staff shortages. The volume of unprocessed instruments was so great that if postal applications continued to be accepted there would have been unacceptable delays to both new applications and the existing backlog of applications. This would have increased costs for solicitors and their clients.

The Revenue Commissioners faced a short term management problem and they took prompt action to tackle it with minimum disturbance to the public. It was better to deal with the problem quickly and put in place better ways of undertaking the job in the future than to let the matter drag, causing a major problem later. The simplistic solution to the problem faced by the Revenue Commissioners would have been the easy option of increasing the staff in the postal stamping area. But this could not be done overnight. Anyway, taking that step in isolation would have been not only simplistic but also costly and the cost would have to be borne by the general body of taxpayers. Surely we can appreciate after all the effort that has been put into restoring balance to the public finances that increasing staff in any area of the public service, unless it fits in with a strategy for increasing efficiency and effectiveness, is a false solution.

The Government's determination to tackle the problems in the public finances have led to a turnaround in our economic performance and prospects. The Revenue Commissioners are in some ways the victims of the successful implementation of the Government economic policies. There has been a sharp upturn in the property market and with the greater use of more innovative methods of financing property purchases, including endowment mortgages, a greater number of documents is being presented to Revenue for stamping. Last year over 150,000 instruments were presented excluding some 50,000 instruments for adjudication. The yield from stamp duty in 1988 from land and property sales was £74 million — a rise of a quarter over 1987.

I would emphasise that only one of the stamping services provided by the Revenue Commissioners is affected. The Revenue Commissioners will continue to provide a normal and efficient service in adjudication cases and for companies capital duties, levies and composition arrangements.

A full counter service is being provided in both Dublin and Cork. About 75 per cent of all applications for stamping are handled through the public offices. For the majority of instruments a counter service is provided which can be completed in the normal case in well under 15 minutes.

What if you come from Donegal?

What are affected by the temporary suspension are non-adjudication instruments which are sent to the Stamps area through the post and letter/telephone inquiries regarding such outstanding cases.

Solicitors outside Dublin and Cork have the option of using town agents to avail of the speedier counter services and many have done so and are doing so. The fees charged by these town agents are modest and vary — ranging from £3 to £15 per instrument or case. Legal agencies operate in a competitive market and I would suggest that solicitors direct their business to the agents who provide the most effective and efficient service. The use of agents in a direct service context as an alternative to corresponding with a Revenue office on an individual client basis should, as I have said, reduce solicitor's other costs, for example for secretarial, accounting, telephones, banking and so on. Solicitors normally charge their clients about 1 per cent of the purchase price of a house plus £100. If we take the case of a sale of a £50,000 house, the legal fees charged by the solicitor would be of the order of £600. The additional direct cost to him or her of using the counter service through a town agent must be balanced with the savings in the cost of telephone and letter inquiries about delays. There should not be a significant direct additional cost to the client. The Revenue Commissioners have advised me that the measures they have taken should not affect the revenue yield to the Exchequer.

I would now like to turn to the future. Stamp duties are in the main a very old tax. In fact, many of the existing duties are being levied under basic legislation which goes back to the 1890s. However, we do not need to administer Victorian legislation in a Victorian way.

There have been major changes in administration and work procedures in the Office of the Revenue Commissioners during the past year. The amnesty for income and other taxes was a major innovation and the commissioners also have successfuly introduced the first stages of self-assessment for income tax. These measures required major changes in management, organisation and procedures. Stamp duties are administered within the capital taxes area and in this area of taxation the Revenue Commissioners have successfully launched a pilot scheme for the voluntary self-assessment of capital acquisition tax. This pilot scheme was an outstanding success and as announced in the budget speech the Minister for Finance intends to introduced leglisation in the Finance Bill to make self-assessment of capital acquisitions tax mandatory. The programme for the self-assessment of capital acquisitions tax involved very close and successful co-operation between the Revenue Commissioners and the solicitors' profession. The Revenue Commissioners are now focusing attention on the administration of stamp duties and I am confident that with similar co-operation from the legal profession, the administration of these duties can be very much improved.

What we are debating this evening is a temporary not a permanent closure of a part of the service provided. Service will be restored as quickly as possible. It is realised that the steps taken are a matter of concern and a cause of some inconvenience to solicitors, particularly those practising outside Dublin and Cork. The Revenue Commissioners regret the consequential problems caused to provincial solicitors but I stress, yet again that these measures were taken in the interests of both the public at large and the legal profession in order to save them the costs of the extending delays which would otherwise have arisen. The decision was not taken for administrative convenience.

I assure the House that people are not being turned away. There has been a large increase in counter transactions. No documentation has been refused. Processing will continue. I respect Deputy Crotty's interest in this matter evidenced by the fact that he raised it by parliamentary question and on this Adjournment Debate. I am sure the Deputy will agree with me, as a professional, practising public representative, that attending to people in advice centres, offices and clinics is much better than having to go through a ream of postal representations. In the same way in the Revenue Commissioners it is much more efficient and expedient to deal with cases across the counter directly with the public or through professional agents rather than having to deal with a huge amount of complex postal documentation.

They are dealing with professionals in An Post and not with amateurs.

We appreciate that. The Office of the Revenue Commissioners dealing with these matters is presently being reorganised and restructured. I am confident that very shortly this matter will be alleviated.

Finally, in the spirit of co-operation which I referred to earlier I would appeal to solicitors not to hold instruments ready for stamping until the postal service is restored. This can only lead to problems in the future and will put an unjustifiable strain on the postal service when it is reintroduced by the Revenue Commissioners.

When——

A brief question, please.

When is it intended to restore this service which the Minister mentioned is a very big earner yielding £74 million and is self-financing?

Sorry, Deputy Crotty, the Minister's reply concluded the debate.

If the Revenue Commissioners cannot provide a few people to deal with post I am afraid there is no hope.

The Dáil adjourned at 5.20 p.m. until 2.30 p.m. on Tuesday, 7 March 1989.

Barr
Roinn