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Here you can access relevant source documents which support the summaries of key tax developments in Ireland, the UK and internationally

Source documents include:

  • Chartered Accountants Ireland’s representations and submissions
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Revenue eBrief No. 37/16 New Appeals process – issuing of Revenue ‘settlement’ letters

The Finance (Tax Appeals) Act 2015 was commenced on 21 March 2016. This Act contains provisions relating to the transition from the old appeals process to the new one. Some of these provisions deal with those appeals that were still with Revenue on 21 March 2016 and had not yet been referred to the Appeal Commissioners to arrange a hearing.

Revenue has a statutory obligation (under section 31 of the Act), unless it now considers that the particular assessment, decision, determination, action etc. should not be upheld, to refer such ‘unsettled’ appeals to the new Tax Appeals Commission (TAC) as soon as practicable after 21 March 2016. Revenue is required to request each appellant to indicate if he or she wishes to either settle the appeal by agreement with Revenue or to have the appeal referred to the TAC. Where an appellant indicates a wish to settle the appeal by agreement but agreement is not then reached, Revenue is also required to refer the appeal to the TAC.

Revenue will be sending a ‘settlement’ letter to appellants and their agents during the month of April. To ensure consistency of approach across the different parts of Revenue dealing with appeals, Revenue has designed a standard template letter that is to issue in all cases regardless of whether there has been recent communication with the appellant about the appeal or whether the appellant is already in discussions with Revenue. The letter will be issued with a pre-formatted reply notice containing the two alternative options (immediate referral to the TAC or settlement negotiations) that appellants should complete and return to Revenue.

Appellants/agents are being given 30 days to return this notice. At the end of this 30-day period, the further timeframe being allowed for settlement discussions is three months. Where appellants/agents do not reply within the 30 day timeframe it will be assumed that they wish the matter to be referred to the TAC without further negotiation.

Further information in relation to Tax and Duty Appeals can be found in Tax and Duty Appeals Manual.

Source: Revenue Commissioners. www.revenue.ie. Copyright Acknowledged.