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Ansbacher Accounts.

Dáil Éireann Debate, Tuesday - 23 November 2004

Tuesday, 23 November 2004

Ceisteanna (59)

Breeda Moynihan-Cronin

Ceist:

102 Ms B. Moynihan-Cronin asked the Minister for Finance the number of persons, companies and trusts being investigated by the Revenue Commissioners arising from accounts (details supplied) at the latest date for which figures are available; the number of cases in which settlements have been agreed; the total amount paid to date; the number of cases still outstanding; if additional action has been taken by the Revenue Commissioners arising from the report of the inspectors; and if he will make a statement on the matter. [29855/04]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Revenue Commissioners that their Ansbacher review team has inquired into 289 cases to date and 92 of these cases have concluded settlements with Revenue. The 289 cases, taking account of spouses and connected companies, consist of 300 names. The 289 cases are made up of 179 cases listed on the High Court inspectors' report and 110 similar cases discovered by Revenue or listed on the authorised officer's report.

A total of 211 cases have been under active investigation. The remaining cases consist of 62 non-resident persons, including 17 former Irish residents, 12 individuals who claimed the 1993 amnesty provisions and four cases with insufficient identity information.

The investigation includes examining the tax position of disclosed entities and accumulating and assembling information on other connected entities. The number of connected entities in relation to cases under investigation is now nearly 700.

Revenue continues to make use of its legislative powers to seek books, records, documents and information in the cases being investigated. Where appropriate, prosecutions will be considered but these will depend on the level of evidence available.

Revenue has made five successful applications to the High Court for the production by financial institutions and third parties of books, records and other documentation, which are relevant to liabilities of Ansbacher account holders. Some 150,000 documents have been received under the terms of the High Court orders. Advanced investigative computer software is used in controlling and managing the documentation.

To date, a total of €44.01 million has been received in respect of 92 cases — 54 cases with final settlements of €32.47 million and 38 cases with payments on account of €11.54 million. This is made up of the following:

Cases

€ million

Cases involving Ansbacher or Ansbacher type arrangements

76 Cases

35.31

Other cases involving offshore funds or deposits

16 Cases

8.70

Total

92 Cases

44.01

The 92 cases which have concluded settlements with Revenue as referred to in the opening paragraph consist of 54 cases with final settlements of €32.47 million; 25 non-resident cases covered by the provisions of double taxation agreements; 11 with no additional liability; and two covered by the 1993 amnesty provisions.

Revenue made an application under section 11 of the Companies Act 1990 for a copy of the High Court inspectors' report, which was made available to Revenue on 6 July 2002. The information in this report has been carefully considered as regards the tax liabilities of the persons concerned. In addition, Revenue has made a further application to the High Court for access to the supporting papers to the High Court inspectors' report. Judgment was delivered by the President of the High Court on 25 May 2004 to allow access to the supporting papers in relation to clients of Ansbacher named in the High Court inspectors' report and those persons and companies, including members of the board, found by the High Court inspectors to have failed to co-operate with their inquiry. The judgment also allows for the Revenue Commissioners to make application and grounding affidavit for the obtaining of information and documents relating to any other individual or company. Access to documents is subject to the direction of the High Court. The High Court orders in the matter were granted in June 2004. Revenue has informed me that the investigations are time-consuming and complex and are likely to continue for some time to come.

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