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Gnáthamharc

Tax Collection.

Dáil Éireann Debate, Wednesday - 27 April 2005

Wednesday, 27 April 2005

Ceisteanna (90)

Willie Penrose

Ceist:

114 Mr. Penrose asked the Minister for Finance the number of individuals, companies and trusts being investigated by the Revenue Commissioners arising from the Ansbacher accounts at the latest date; the number of cases where settlements have been agreed and the total amount paid to date; the number of cases still outstanding; if any additional action has been taken by the Revenue Commissioners arising from the report of the Ansbacher inspectors; and if he will make a statement on the matter. [13357/05]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Revenue Commissioners that their Ansbacher review team has been carrying out detailed investigations since October 1999. The investigation has essentially two elements. There are Ansbacher type arrangements and there are other cases involving offshore funds and deposits.

The Revenue Commissioners have advised that the review team has inquired into 289 cases to date and 115 of these cases have been finalised. 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 the Revenue Commissioners or listed in 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 cases under investigation is now nearly 700. The Revenue Commissioners are making extensive use of their 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.

The Revenue Commissioners have made six 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 200,000 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 €47.78 million has been received, consisting of settlements and payments on account, in respect of 95 cases. This is made up of:

Cases involving Ansbacher or Ansbacher type arrangements

77 Cases

€38.47 million

Other cases involving offshore funds or deposits

18 Cases

€9.31 million

Total

95 Cases

€47.78 million

The 115 cases which have been finalised consist of 67 cases which were settled on payments of €38.79 million, included in the amount above, 29 non-resident cases which are covered by the provisions of double taxation agreements, 17 cases where no additional liabilities arose and two which were covered by the 1993 amnesty provisions.

The Revenue Commissioners made an application under section 11 of the Companies Act 1990 for a copy of the High Court inspectors' report and this was made available on 6 July 2002. The information in this report has been carefully considered as regards the tax liabilities of the persons concerned. In addition, the Revenue Commissioners 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 in May 2004 to allow access to documents relating 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 order in the matter was granted in June 2004 and perfected in January 2005. The Revenue Commissioners have applied, on foot of the order, for access to documentation in respect of certain cases named in the High Court inspectors' report. The documentation is awaited.

The Revenue Commissioners have informed me that the investigations are time consuming and complex and are likely to continue for some time to come.

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