A proposal that would see the Irish Revenue Commission sharing information
on certain taxpayers with the Irish Financial Regulatory Authority (IFSRA) has
been criticised by tax advisors, who are warning that such a move could breach
taxpayer confidentiality and undermine the voluntary disclosure system, the Irish Independent has reported.
In a submission to the financial regulator, the Irish Taxation Institute (ITI)
stated that the IFSRA should not have a role in deciding if directors of financial
services firms are tax compliant. The proposal follows a number of banking
scandals, and the IFSRA is consulting on how to test "the probity and competence"
of directors and managers of financial firms and institutions".
However, ITI president Philip Brennan wrote that the institute "could
not support in any circumstances" confidential information being shared
between IFSRA and the Revenue.
"The Financial Regulator should rely on the detailed process and significant
powers available to Revenue to identify serious and persistent tax evaders,"
he stated.
Mr Brennan warned that the sharing of taxpayer data could undermine the voluntary
disclosure system, as taxpayers would fear that information given to the taxman
in confidence would be viewed by other agencies, and he called for any such
proposal to be immediately withdrawn.
"The voluntary disclosure mechanism has proved to be a very effective
way of encouraging taxpayers who have made an error or omission to come forward
voluntarily with the information and pay any tax, interest and penalties agreed
with Revenue," wrote Mr Brennan.
The ITI is also critical of an IFSRA proposal to ask if taxpayers had been
subject to penalties for tax evasion because a settlement figure may be referred
to as a penalty payment by the Revenue, although a taxpayer may not have conceded
any wrongdoing.