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Record breaking year at Tax Appeals Commission as appeals worth 605m closed

The 1,502 appeals on hand at year end had a quantum of €1.3 billion
The 1,502 appeals on hand at year end had a quantum of €1.3 billion

2022 was a record breaking year for the Tax Appeals Commission (TAC) as the commission closed 2,661 appeals with an aggregate value of €605 million.

In her report attached to the Commission's 2022 annual report, Chairperson of the TAC, Marie-Claire Maney said that the closed appeals have released back to either the Exchequer or the economy €605 million in 2022.

She said: "Since 2016 the Commission has closed 9,753 appeals releasing a quantum of €6 billion to either the economy or the Exchequer."

In her comments on the 2022 performance, Ms Maney says: "We have closed 2,661 appeals, our highest ever number of appeals closed, which represents 49% more closures than 2021."

Ms Maney added: "Our appeals on hand have reduced from 2,709 at the start of 2021 to 1,502 - a 45% reduction in numbers and another record broken."

The 1,502 appeals on hand at year end had a quantum of €1.3 billion - down from €1.7 billion a year previous.

Ms Maney further stated that the TAC scheduled the highest number of hearings ever at 553, an increase of 194 per cent on 2021 "and we have issued the highest number of determinations since its commencement".

In relation to the appeals closed last year, the highest proportion at 1,652 were settled.

During 2022, the Commission issued 190 determinations affecting 237 appeals with a quantum valued at €292 million.

This compares to 157 determinations issued in 2021 but with a much higher quantum at €442.7 million.

Determinations in 2022 concerning corporation tax made up 67% or €185.69 million of total determinations with VAT accounting for €55.18 million.

Appeals concerning Covid-related schemes appeared for the first time where the TAC determined 11 cases with an aggregate quantum of €423,000.

The TAC report shows that only 18% or 35 determined appeals were found to be in favour of the tax-payer with the TAC finding in favour of Revenue in the remaining 155 cases or 82% of cases.

This compares to 2021 when tax-payers were successful in 35 determined appeals or 27% of cases.

The TAC last year received 1,454 appeals valued at €208 million.

During 2022, the Appeal Commissioners signed 16 cases stated to enable determinations to be appealed to the High Court and of the 16 cases stated, 14 were requested by the Appellant, one by the Revenue Commissioners and one by both parties.

The operation of the TAC - which employs 33 people - last year cost €2.92 million.

- reporting by Gordon Deegan