Wednesday 20 March 2013

Should Bankers salaries be raised to attract new talent


Article From Journal.ie concerning increasing bankers salaries
In my opinion bankers salaries in Ireland should not only be capped but actually slashed. I may be wrong but most of the positions in Irish Banks are actually filled from within the bank itself. So in effect you are not attracting the top candidates. You are in fact just awarding higher salaries to people who would have got the jobs anyway. The entry level for banks in Ireland are at the clerical level and then employees work their way up the career ladder within the bank. So really is the banking sector in Ireland a closed shop. The circle of available employees at higher levels are likely to come from within the bank or at most from another Irish bank. So how can it be said that the higher salaries are attracting a higher caliber of staff when in fact the staff came from the Irish banking system anyway.
It might be argued that the higher salaries retains higher caliber staff but really where would they go to anyway. All that happens in Ireland is that staff would transfer between banks so the talent pool is not expanded. Irish banks would find it difficult to compete with foreign banks anyway for the few really exceptional staff who most likely are so career focused they would be heading abroad anyway.
I would suspect that for the higher management levels that the employees hired by banks are even more restricted to people who came from certain schools and social circles. I believe Shane Ross highlighted this in one of this books on the Irish banking system.

 http://www.thejournal.ie/poll-does-bankers-pay-need-to-be-attractive-to-attract-the-right-people-838147-Mar2013/#comment-1033241

Tuesday 19 March 2013

Cyprus ordinary people's hard earned saving been taken to pay billionaire bankers and bond holders

Cyprus was one of the countries my father was stationed when he served  with the United Nations. They were a peace keeping force tasked with keeping the two sides of the island away from killing each other. He always told us about how beautiful a country it was. If you consider that he and his fellow Irish soldiers were in a quasi combat setting then it must have been really beautiful in order for them to notice. This amazing island is the setting for one of the biggest mistakes that the EU has ever created. This is saying somethine considering the complete mess they have mad with the rest of Europe.
They proposed that the Government in Cyprus deducted a tax from the bank deposits of people. They wanted 6.75% from people with less than Euro100,000 on deposit and 9.99% from accounts over 100,000. These will then be used in effect to pay back the countries debt.
Clear away all the technical terms and what it means is that normal peoples saving will be reduced by 6.75% and the bondholders who own the countries debt will be paid fully from the saving of people. Now there is a political element in this as alot of money from Russia has seemingly been hidden in Cyprus bank accounts.
Still alot of ordinary people would have had money taken out of their hard earned savings to repay billions to bondholders and banks who are worth trillions of euros.
This is also setting a precendent for future bailouts. Will the EU insist on the same when Spain and Italy eventually collapse or what if we in Ireland need a second bailout will we be forced to do the same thing.
This fear of it been imposed on other countries could lead to a huge financial crisis if deposit holders decide to take their money out of the banking system in order to avoid these taxes.
It turns out now that the EU has backed down on to some extent on this proposal. Is it not worrying that the minute I and most people heard of this measure that we realized that it was obviously a huge mistake and that it could have huge consequences. However the people in power in Europe didn't foresee the crisis it could cause and this is what really worries me. Are they enclosed in their little bubble so much that they cant see the effects of their policies on people. 

Thursday 14 March 2013

Big Data. How to use the data that your business gather in imrpove your business



Big Data: How to use the data that your business gathers  to improve your business.

Big Data is one of the new buzz words that is been used at the moment. It refers in my opinion to the data that your company can gather from it operations.  The concept is that you can use this data to improve the efficiency of your business. It can be used for a multitude of purposes depending on what information your gather and depending on how you decide to try and use it. This data can be gathered from your customers or from your suppliers .It can be gathered from your contacts with out side agencies. It can come from your interactions with social media sites on the internet or you could do market research or set in place a database which is updated as you make contact with third parties.
The three attributes of data gathering have been defined as the three v’s of volume, velocity and variety. In the modern world, technology has enabled more and more data to be gathered and analysed (this refers to the volume of data).This is been accumulated at much greater speed (velocity) and it can come from a much wider variety of sources. In this regard the world is truly becoming a global market which is smaller and faster and varied.
A lot of the bigger global corporations have realised the value of utilising the data it can gather to its full potential in order to maximise the returns it can achieve. Some have even started to place a value on data in their accounts. It is these firms that realise that data can make such a huge difference to their profitability and return to stakeholders. The problem often is that people do not know how to approach the information they have available to them in order to use it in a productive manner.
In my opinion the solution to this problem is to ask yourself what question does the information you have available answer. By so doing you can brainstorm in order to make full use of it. Often times the benefit of analysing data is lost because the volume or complexity is too much for people to comprehend. This is where taking small bits of it and working up to a full matrix of what you have available may make it more accessible.
A really good example of using big data to expand and focus a business is Tesco’s clubcard. When the clubcard was introduced the information it provided allowed Tesco to grow from the third biggest retailer in the UK to the third biggest retailer in the world. They were able to see for example which products were most popular in which stores and aim their purchasing to maximise sales. They also would have been able to see what quality of different products were the best sellers and in which stores. So that stores with customers who bought cheaper brand products could be stocked to reflect this pattern
Your business can do the same. You have a host of information available to you that you could use. You could take a look at what services or products that customers are looking for the most and market your product towards that, By asking customer questions about where they heard about the firm, you could decide which advertising methods were most productive for certain groups of customers and be more specific in what products and services you were advertising in any geographical area and through which media channel.
I also think this can extend to other areas of the business from the purchase of raw materials and stock through to production methods, By analysing what customers requirements are in terms of the quality of product sold or the type of extras that they purchase, you could reduce your capital investment in stock by concentrating your purchases on the products that are the most in demand. This is especially relevant in a economy where the banks are not forthcoming with finance for business investment. It may even facilitate you implementing a just in time system of stock control which has the benefit of dramatically reducing your need for working capital investment in stocks. The implementation of a total quality management system by using the data available to you from your suppliers and your customers may allow you to implement a just in time system which will be both functional and reliable.
Relevant data can also come from in house sources. If you are a manufacturer you could monitor and gather information about the production process from the raw material input to the effectiveness of machinery, to the quality of the finished product. This data could then be used to decide on an optimum mix of quality and production techniques which produce a finished product which meets customer requirements and which maximise your profitability
The growth in the use of the internet and social media has allowed for analytical models to be developed which can really help you to target your products and services to demographic and geographical markets in a way which can maximise your sales and return on investment and profitability. One of the concepts in managerial economics that always fascinated me, was price discrimination and I feel that true price discrimination can be achieved by using the data available to a business in order to maximise the sales price achieved in particular markets. This is particularly relevant to globalised companies such as motor car manufacturers’ who can charge different prices for different spec car models in different geographical areas. The standard features in the Honda civic you buy in Ireland are a lot different to the standard spec of a Honda civic bought in the United Kingdom.
So my advice is to step back from your day to day activities and take an overall view of your business by looking at the information that is available at your finger tips. You just have to discover where this information is and then decide how to use it.

Author Frank McGivney BA (1st Class honours) ACMA CGMA 14 March 2013

Wednesday 13 March 2013

Reaction to property tax

I've been listening to the reactions of peoples to the property tax letters on the radio. To me the reactions are the initial proof that the Irish government has made a huge mistake trying to impose a high property tax on the people of Ireland.
One set of people are ringing in complaining that their property isnt valued high enough and another set are ringing in saying that the property is not valued low enough. The people ringing in are pure irrate at the revenue for not getting thier property values right and are saying that Daft.ie is more accurate then the revenue estimates.
Like I was saying in previous articles, people in Ireland are used to getting their net income and been told how much tax they owe especially if they are PAYE workers. But with the property tax you have to look at your own circumstances and calulate the tax yourself. This is a huge change for people.
Its the reason people are been so angry with the revenue and in a way they are right. If you develop a culture of not having to claculate your own tax then trying to impose such a fundamental change then it is bound to be met with resisitence
Anyone who has dealt with the revenue knows that they always use estimates. The estimates are just a way of establishing a debt which they can enforce. However they will always come back looking for the correct figure. There are millions of houses in Ireland so there is no way they can independently value each house. So they produce estimates which will on average over the size of the population give a mean value which will be apporximatley correct. Remember the revenue is unlike most government agencies and is in fact run quite cost effectively (okay not in all circumstances but certainly better than most government bodies). As a result the benefits of incurring the costs of valuing each individual house would not be justified so instead they work with estimates and risk analysis and reporting by exception.
It is up to each individual tax payer to put in a correct return as best they can. After all no matter what figure you come up with its only an estimate on your part as well. Because who knows how much any particular house would sell for in a depressed housing market.
The revenues work is based on risk analysis. So they will look at all the returns in total and determine which ones are the most likely to be wrong and then they investigate them. So fr a basic example if everyone in your street values their house in and around 200,000 to just say 300,000 (covering two value bands) and your house is valued at 50000 then you may expect to come up as someone to look into. If you can explain the reason for the difference then they will accept it generally.
In all likely hood the returns they will follow up are ones selected from a random sample and ones of a high value where the individual tax is likely to be high enough to justify chasing up any tax under paid.
My point really is that the Irish government have opened up a mine field for the revenue commissioners to step into.
Author Frank McGivney 13 March 2013 All rights retained by author

Monday 11 March 2013

How to pay the Local Property Tax

The previous two articles have all been about the consequences and the context of the property tax. This one is just about how to pay it.
(1) Notices issued by the Revenue commissioners. The revenue commissioners will issue most houses with an estimate of the property tax. If you are happy with the value that they put on your house then just agree with their estimate and pay it. (i will detail payment options below).
(2) If you do not agree with the value that the revenue is putting on your house then you can fill out the form that they send you with the value that you feel is correct and pay this amount. Take a look at recent house sales (if there has been any) in your local area for similar houses and this will give you some guidance. The revenue have an online property value guide which is easy to use you just choose your county, type of house and if house was built before or after 2000. Then you click on your area on a map of Ireland and it gives you a value. Also if you go to https://lpt.revenue.ie/lpt-web/valuation-guide/index.htm and click the ok box on the side of the page you can get a list of properties sold in your area for last few year. Saying that the revenue do appear to have put fairly low values in the letters they are sending out.
(3) The paper LPT form is easy to fill out.  Your name and address is filled out automatically by revenue when they send it to you and then you fill out the name of the person liable for the tax (this is essentially the person who owns the property at the 1 Novemebr of the preceding year or the 1 may 2013 for this year), your pps number then you can mark a box if the property is exempt or if it is not your principal private residece (you still have to pay the tax) and if you are non resident for income tax purposes (you still have to pay the tax). Then you enter the band number for the value of the property and the value you feel the property is worth and the amount of tax you need to pay (see below for how to calculate) . Then sign and if you are not the liable person then who are you i.e. their son or daughter etc. Enter your phone number and email address (if you have one). Finally you enter payment details by choosing one of the option available as detailed below.
(4) Online form this is essentially the same as the written form but with an additional option to pay by credit card or debit card.
(5) how to calculate your local property tax liability The tax for properties up to Euro 1 million in value is calculated at .18% of the mid point of certain bands. These are the bands and the amount of tax due. So to calculate the tas just decide what you feel is the value of your house and then find what band that value is in and then the tax across from this band is how much you owe in 2013
Valuation
Band Number   Valuation               Mid-Point                    LPT Charge in 2013            LPT Charge in 2014
                         Band Range         of Valuation Band (€)    Half year charge) (€)            (full year charge) (€)
01                      0 – 100,000                 50,000                          45                                       90
02                      100,001 – 150,000      125,000                        112                                      225
03                      150,001 – 200,000      175,000                        157                                      315
04                      200,001 – 250,000      225,000                        202                                      405
05                      250,001 – 300,000      275,000                        247                                      495
06                      300,001 – 350,000      325,000                        292                                      585
07                      350,001 – 400,000      375,000                        337                                      675
08                      400,001 – 450,000      425,000                        382                                      765
09                      450,001 – 500,000      475,000                        427                                      855
10                      500,001 – 550,000      525,000                        472                                      945
11                      550,001 – 600,000      575,000                        517                                      1,035
12                      600,001 – 650,000      625,000                        562                                      1,125
13                      650,001 – 700,000      675,000                        607                                      1,215
14                      700,001 – 750,000      725,000                        652                                      1,305
15                      750,001 – 800,000      775,000                        697                                      1,395
16                      800,001 – 850,000      825,000                        742                                      1,485
17                      850,001 – 900,000      875,000                        787                                      1,575
18                      900,001 – 950,000      925,000                        832                                      1,665
19                      950,001 – 1,000,000   975,000                        877                                      1,755
20 Value greater than €1m Assessed on the actual value as follows:
● at 0.18% on the value up to €1m
● at 0.25% on the portion above €1m


(6) Payment options are as follows
 LPT can be paid in full by:
● Single Debit Authority - like an electronic cheque. To select this option complete the payslip on the
Return and payment will be deducted from your bank account no earlier than 21 July 2013.
● *Debit/Credit Card.
● *Cash payments (including debit/credit card) through approved Payment Service Providers.
LPT can be paid on a phased basis from 1 July 2013 by:
● Deduction at source from your salary or occupational pension.
● Deduction at source from certain payments received from the Department of Social Protection
(DSP) and scheme payments received from the Department of Agriculture, Food and the Marine
(DAFM). Deduction from a DSP payment cannot reduce your DSP personal rate payment to less
than €186 per week.
● *Direct Debit.
● *Cash payments (including debit/credit card) in equal installments through approved Payment
Service Providers.
(7) The following persons are liable to pay LPT:
● Owners of Irish residential property, regardless of whether they live in Ireland or not.
● Landlords where the property is rented under a short-term lease (for less than 20 years).
● Local authorities or social housing organizations that own and provide social housing.
● Lessees who hold long-term leases of residential property (for 20 years or more).
● Holders of a life-interest in a residential property.
● Persons with a long-term right of residence (for life or for 20 years or more) that entitles them to
exclude any other person from the property.
● Personal representatives of a deceased owner (e.g. executor/administrator of an estate).
● Trustees, where a property is held in a trust.
● Where none of the above categories of liable person applies, the person who occupies, or receives
rent from, the property is the liable person.

(8) You can defer the payment if you cant afford to pay and you meet the following criteria. The tax is attached to your property and will be deducted when you sell the property and interest is charges at 4% per year.
Full Deferral
(a) Gross income for the year is unlikely to exceed €15,000 (single or widow/er) and €25,000 (couple).
(b) Gross income* for the year is unlikely to exceed the adjusted income limit. This adjusted limit is calculated by increasing the thresholds of €15,000 (single or widow/er) and €25,000 (couple) by 80% of the expected gross mortgage interest payments for the year 2013.
 Partial Deferral (you defer half of the amount due but pay the other half as per normal)
(c) Gross income* for the year is unlikely to exceed €25,000 (single or widow/er) and €35,000 (couple).
(d) Gross income* for the year is unlikely to exceed the adjusted income limit. This adjusted limit is calculated by increasing the thresholds of €25,000 (single or widow/er) and €35,000 (couple) by 80% of the expected gross mortgage interest payments for the year 2013.


Saturday 9 March 2013

Will the Property Tax be the reason for a government falling

In the 2013 Finance act the Irish Government are bringing into law a property tax, The first such tax in Ireland in many years. The British empire imposed a window tax in Ireland in 1696 which was in effect a property tax.This needed a shocking amount of detailed legislation to impose because as you would expect the people of Ireland did all kind of adjustments to their windows in order to avoid it. Further on in the  1800's the payment of taxes to land owners which was then sent over to London left Ireland  in the grips of a crippling famine in a country with the some of the most fertile land in the world. So will the current Irish government have any more success with imposing this property tax.
 You only have to look at the main street of any small town in Ireland and you will see a scene that you would see in any horror movie where the streets are deserted of humans. Then if you drive through any of the housing estates you will see cars in all the driveways during the daytime, a sign that people are at home rather than at work. The government is constantly talking about its efforts to attract foreign investment which is all great. However to me it appears to be ignoring Irish indigenous business. Small Irish business are been devastated with a lack of trade. It is in this context that the government is imposing a high property tax which will take even more money out of the Irish economy. There is nothing wrong with high taxes if that tax is reinvested in the economy through government spending but this is not the destination of this tax  because all government spending is been reduced or frozen at present. Therefore all additional taxes are ultimately going to be used to repay the debts of either the banks or the government or to repay bondholders. This tax will reduce the amount of money people have to spend in the local shops and businesses. This will further suppress the economy and reduce the amount of vat collectible from businesses, It will also reduce the amount of people employed and the amount of tax from employees and the amount of income tax and corporation tax collected. In other words the amount of tax from the property tax will be offset to a large extent from a reduction in other taxes. Regardless of the government saying the tax will be targeted to local authorities this effect will still happen because the expenditure on local services is to be maintained at current levels or lower levels. Therefore the spin that the tax will be used on funding local services by the local authorities will have no net effect on local output (because it would have been spent anyway) but conversely the reduction of money in people’s pockets will have a dramatic effect.
This tax is in my opinion a fundamental shift from the way tax has been imposed in Ireland in regard to PAYE workers. Self-employed people are used to paying taxes out of the money they have received. However Paye workers get their wages net of tax. This also applies to social welfare recipients. Up to this people can spend their net income in whatever way they want to. However now the property tax will have to be paid out of their net income’s. This means for the first time a lot of people will have to pay tax themselves. It can be argued that motor tax is similar but there is one big difference, motor tax is only due to be paid if you decide to own a car and it is not imposed in the fashion that this property tax is proposed. The majority of Irish people have had very limited exposure to the revenue commissioners. But this is about to change with the property tax and people will discover that if you owe the revenue money then they will do everything to make sure you pay it and will not take no for an answer. In other words everyone who is due to pay this tax will end up paying because it will be deducted from social welfare payments or from net income by your employer, Even if you can avail of the deferral option you will still eventually pay it. However I feel that this may be the moment when Irish people finally stand up for themselves and the resistance to this tax will be significant, as evidenced by the huge percentage of people who have not paid the household charge from last year and also because people are in such a poor financial position that they simply can not afford to pay it.
I do believe that a country should have a property tax. It should be part of an overall tax system. I should be very progressive with normal value homes been at a very low rate of for example €100 per year and then higher value houses owned by high net worth individuals should be subject to much higher property tax charges. The tax however needs to be linked to take account of people’s incomes and levels of assets other than the family home.   The spread of income in the world is represented by a Lorenz curve with very few people holding most of the wealth therefore this should be reflected in the overall tax system. This means people are responsible for paying for their local amenities but not to a level where there is a negative effect on the economy.   There is a lot more issues involved such as using the taxes of the country on proper government spending in the economy rather than paying back bonds to banks and bondholders who are seemingly the only ones in the world protected from the risks associated with business.  Maybe a tax once again will topple a government like the vat on children’s clothes did in the 1980’s

Friday 8 March 2013

Basic structure of tax

I was writing an article on the new property tax and i was trying looking at it from the angle of fairness and its effect on the economy but I got side tracked a bit when i started thinking about taxes and what they are. So I wrote this piece on tax and how it should be structured. I intend this article to help put the property tax in the correct context for the next article. Some basics about tax: Governments get money in various ways. Some of these are
 (1) taxes
 (2) other sources include fines (i.e. Speeding fines, parking fines),
 (3) income from state run organizations (i.e. contributions from state universities student fees, revenue from profitable state bodies)
 (4) Printing currency by the central bank (not an option for euro countries anymore)
 (5) Borrowings and so on.

Taxes could be defined by the following

(1) they should be non penal. i.e. they should be based on a percentage of income or wealth that is fair and equitable

 (2) They should be compulsory , i.e. you have no option but to pay them

 (3) The government should impose them by way of the law of the country

(4) taxes should be in essence a transfer of wealth from the private to the public sector (i.e. government)

(5) they should based on preset criteria as laid down in the tax laws so that people can calculate how much they owe in the tax and know the basis of calculating the tax

(6) the tax paid should not be a reflection of services received i.e. its based on each taxpayers income or wealth and not on how much public services they receive. This is completely different to everything else you spend money on. The more books you buy in a bookshop the more you will pay but with tax often times those who pay the most receive the least amount of services. This is of course the redistribution of wealth from the wealthier to the poor. The ultimate model of this is perhaps communism

(7) The non payment of the tax should always punishable by penalties and fines and imprisonment. This is vital in order to ensure the tax is paid. Also it encourages people to pay on time by penalizing those who are late paying

 (8) It should be equitable and progressive. so the more you earn the more you pay and the greater your wealth the more you pay. Number 8 is one of the areas where problems arise with property tax because a person may have substantial assets which are very valuable but which generate no income and they may not be able to pay higher taxes based on wealth alone. However implied in the tax system is the premise that such a person should sell their assets until they are at a level where they can pay the tax. This is again complicated by taxes which arise when you sell assets.

Monday 4 March 2013

Declare your rental income before the tax man approaches you about it

If you have a rental property and have never put in tax returns in relation to it, now is a good time to do something to legitimize it. The Irish revenue commissioners appear at the moment to be investigating people with second properties who haven't declared rental income. They seem to be getting information from the Private tenancy board database and from social welfare payments and of course all properties when purchased are subject to stamp duty and so all your properties are linked to your pps number. I certainly have had new clients come in recently who have got letters from the revenue commissioners asking about undeclared rental incomes. Remember also if you have a rental property with a mortgage on it then you can only claim the interest against your rental income if you are registered with the ptrb and since April 2009 only 75% of the mortgage interest is allowable. However giving the fall in rents in Ireland and the high prices paid for property in the boom years, a lot of people still wont have taxable profits on their rental property. If you have made a loss then no income tax will be payable, so there is no point in not putting in income tax returns for it. However rental looses are generally ring fenced for offset against other rental income so the losses can't be used to claim tax paid on other income I.e paye income.

When the tax man comes looking for his money

Dealing with Tax Payment Difficulties and Engaging with the Irish Revenue Commissioners (as per the Revenue Commissioner's own policy document)
Background
It is a core objective of Revenue to support and facilitate businesses and taxpayers to comply with their tax return filing and tax payment obligations on a timely basis every time. Revenue expects that businesses and taxpayers supported and assisted by their agents or tax practitioners organise their financial affairs to ensure that tax debts are paid as they fall due. Where that expectation is not fulfilled then Revenue is obliged to take effective measures to address the late or non-compliance.
Arising from the efforts of business, taxpayers, agents, tax practitioners and Revenue, high levels of voluntary timely compliance have been achieved. These high levels of voluntary compliance are supported by Revenue’s actions in addressing late or non-compliance whether through engagement with the business/taxpayer or agent/practitioner concerned or through the application of compliance support measures such as the charging and collection of interest where payment is made late or through the deployment of effective enforcement measures towards recovery of the tax debt due where non-payment is a feature.
Revenue is determined to maintain the current high levels of compliance notwithstanding the challenging economic circumstances in which businesses and taxpayers are operating. Revenue cannot and will not become a banker of last resort. Revenue expects that businesses and taxpayers supported and assisted by their agents or tax practitioners will continue to maintain a clear focus and organise their financial affairs to ensure that tax debts are paid as they fall due.
Early Engagement with Revenue
In the current economic and financial environment there may be particular challenges for some businesses and taxpayers in meeting their tax payment obligations. This can arise even where they are fully committed to so doing and in more favourable economic and financial circumstances did precisely that. External factors over which a business may have little direct influence can impact, for example, on cash flow and availability of credit/finance. Revenue is disposed to working with such businesses and taxpayers to find a way through these difficulties provided there is early, positive and honest engagement with Revenue and the fundamentals of the underlying business are sound.
1
Revenue’s Response
Revenue’s overall approach to working with businesses and taxpayers experiencing cashflow difficulties, including in appropriate cases agreeing to phased payment arrangements, has worked well in developing and maintaining a strong voluntary compliance culture and in guiding the response to late or non-compliance. The case working principles informing that approach continue to have relevance in a challenging economic climate and remain valid for the vast majority of cases.
In the last number of years, some financially viable businesses and taxpayers have experienced particular difficulties in meeting their tax payment obligations. This has been due, for example,
o
to particular cash flow problems arising from extended and ongoing late payment by their debtors, or
o
from bad debt(s) that have been exceptionally incurred, or
o
from a tightening of credit and overdraft facilities by financial institutions.
These types of difficulties can severely restrict the capacity of the business or taxpayer concerned to meet immediate financial obligations, including timely payment of tax debts as they fall due.
In recognition of these particular realities for otherwise viable businesses and to enhance Revenue’s ability to find a solution that will get such businesses back to timely compliance with the minimum of delay, some additional considerations to those that normally or generally apply may be appropriate in determining how Revenue will respond to such businesses. In that regard, a Case Decision Escalation Framework [CDEF] is in place, which allows for the speedy and appropriate referral of cases for a higher-level decision. This process arises where particular regard may need to be had to factors largely outside of the control of a business but which negatively impact on the capacity of business to meet tax payment obligations in a timely fashion.
Business Viability
A key determinant of the nature of a particular Revenue response to a payment difficulty is that the business concerned is fundamentally viable and that the business or individual concerned shows the capacity and commitment to meet all future tax payment obligations as they fall due. Revenue managers will have due regard to all factors that show the viability of the business and in relevant cases, capacity to meet the terms of a payment plan and future tax obligations in a timely fashion as those obligations fall due.
The extent of the room for manoeuvre by a manager is significantly influenced by the level and timeliness of meaningful engagement by the business in the first instance. Non-compliance with this condition is treated as a serious escalation of the risk associated with the case requiring immediate and effective response by Revenue.
2
Application Form for Phased Payment Arrangement
In instances where payment of a tax debt in one lump sum is demonstrably not possible, a standardised and streamlined approach to a request for a phased payment arrangement is now operated by Revenue. In all instances of substantial debt, then the business or individual concerned must complete an application form and certain documentary evidence in support of the application must accompany this application. In all instances, interest will apply to the phased payment arrangement, both on the accrued debt and for the duration of the phased payment arrangement.
It is expected that the fully completed application together with the necessary supporting evidence will allow Revenue make a decision in the majority of cases on the application without the need for the business to provide additional information.
Framework
Where additional considerations to those that normally or generally apply may be appropriate in determining how Revenue will respond to a business or individual as mentioned above, these case decisions will be made at Higher Executive Officer, Assistant Principal or Principal level, as appropriate. Cases that may be appropriate for these additional considerations are brought to the attention of the relevant manager.
Where the additional considerations encompass a phased payment arrangement, then the business or taxpayer will be required in every instance to provide sufficient information, to justify such an arrangement. A phased payment arrangement will only be allowed where Revenue is satisfied that the debt cannot be paid in a lump sum. Such an arrangement will include interest. The information required is determined by the size of the debt – as set out below:
Debt - Greater than €100,000
In every case
1.
Completion and submission of the Phased Payment Application (PPA1). To use the instalment calculator facility which will show the interest payable on the payment arrangement plan proposed, please click here.
2.
Up to date bank statements that will allow Revenue to take a view as to whether there are increasing excesses on the account and to take a view on the extent of the account swing
3.
List of all/any assets and encumbrances thereon
4.
Outline of what cost cutting measures have been implemented in the business including drawings by the owner/directors
5.
Cash flow projections for the following 6 months
6.
Up to date management accounts
3
Debt – Less than €100,000 **
In every case
1.
Completion and submission of the Phased Payment Application (PPA1). To use the instalment calculator facility which will show the interest payable on the payment arrangement plan proposed, please click here.
2.
Up to date bank statements that will allow Revenue to take a view as to whether there are increasing excesses on the account and to take a view on the extent of the account swing
3.
List of all/any assets and encumbrances thereon
4.
Outline of what cost cutting measures have been implemented in the business including drawings by the owner/directors
In some cases the following additional information at least may be required:
5.
Cash flow projections for the following 6 months
6.
Up to date management accounts
** For debts less than €6,000 contact should be made in advance with the Collector General’s Office on 1890 203070 in order to clarify whether all of the documentary requirements outlined above are necessary.
Contact with the Taxpayer, Business and/or Agent
Once the application for a phased payment arrangement is received it will be considered as quickly as possible and any issues requiring clarification will be raised in a timely fashion with the taxpayer, business or agent. Any additional information requirements will be clearly explained and a timeframe for their submission made explicit.
Approval of a Phased Payment Arrangement
Where an instalment arrangement is agreed, the instalment proposal agreement form will be issued with an appropriate letter to the taxpayer/agent/business for signing. The precise terms of the arrangement will be clear together with the commencement date for repayments under the agreed arrangement.
Refusal of a Phased Payment Arrangement
Where a phased payment arrangement is being sought, it is the responsibility of the taxpayer, business or agent concerned to provide all of the necessary information with the initial application or where there are follow up requirements to provide the information in a timely fashion. Incremental filing of new or irrelevant information to delay or frustrate the collection/recovery process will not be facilitated and in such instances appropriate collection/recovery/enforcement action will proceed.
4
A decision to refuse an application for a phased payment arrangement will be advised in writing together with a brief explanation of the basis for Revenue’s refusal decision and an explanation of the consequences of continued non-payment of the debt.
A business or taxpayer or the tax practitioner/agent involved may want a decision to refuse a phased payment arrangement reviewed. The expectation is that the taxpayer, business or agent will have provided all of the relevant information in support of the original application at the initial application stage. In those circumstances, the decision to refuse the arrangement will normally be subject to review with the minimum of delay – this will give certainty to all involved. The line manager or supervisor of the original decision maker will normally complete the review.
Breakdown of or Anticipated Difficulties with Phased Payment Arrangements
Revenue’s normal expectation and experience is that the taxpayer or business concerned complies with the terms and conditions of the phased payment arrangement and timely compliance is secured into the future.
Non-compliance or anticipated non-compliance with the terms of an agreed phased payment arrangement means that a case is considered as an immediate increased risk from a Revenue standpoint. Where problems of compliance with the terms of an agreed arrangement are encountered, the expectation is that the taxpayer, business or agent concerned will be proactive in approaching Revenue when those problems start to emerge.
The taxpayer, business or agent concerned will be expected to set out clearly the basis for non-compliance with the terms of the original arrangement, the steps that will be taken to restore compliance on the original basis agreed and the timeframe for such restoration.
Where the basic viability of the business into the future is not re-established to Revenue’s satisfaction or where current taxes are not being paid as they fall due, then the case will be actively considered for cancellation of the original phased payment arrangement followed by appropriate collection/enforcement action.
Minor rescheduling of the phased payment plan may be appropriate given the overall duration of the arrangement and the extent of the short-term difficulties. Where revised terms are sought to the arrangement, the taxpayer, business or agent concerned must set these out clearly and promptly in writing. Revenue will then consider the matter having regard to all of the circumstances and the risk of default.
November 2011
5

Be Tax efficent when your marriage breaks up

Marriage breakdown is part of life for a lot of people. There are tax implications which arise when you break up and if you plan the breakup agreement then you can in fact avoid or reduce your tax liabilities. Here are some tax tips to consider if  you do formally break up
(1) One parent tax credit, after a formal breakup both spouses go back to been assessed as single people. If they have children then they both can claim the one parent family tax credit as long as the child stays overnight with either spouse at least one night of the year. Therefore it is important that in any formal agreement of divorce or seperation that both parents are allowed have any children stay with them overnight at least one day during the year.
(2) There are two types of maintenance payments. The first is payments to support the children this is nonclaimable by the payer and is non taxable in the hands of the recipent. However the second type is payments to support the seperated spouse. These are deductible from the income of the person paying the maintenance and they are taxable for the spouse receiving them. So if the ex husband pays 100 euro to his ex wife to support her then he can deduct the 100 euro from his income for tax purposes and the ex-wife has to include the 100euro in her taxable income. This is where tax planning/avoidance can arise. If the husband pays tax at a higher rate than the ex-wife then it is a good idea to agree that the maintenance payments are for the ex wife rather than the children. So if the husband pays tax at 41 % then he would save 41euro in tax and if the wife pays tax at 20% she only pays 20euro tax. This over the course of year if the husband pays 10000euro maintenance per year could amount to a tax saving of 2100euro. Which then could be passed on as a maintenance payment to the children. If the ex-wife is below the threshold for tax then the saving could potentially be 4100euro per year
(3) Stamp Duty, Capital Gains tax and Capital acquistions tax. A disposal or transfer to your spouse when they are living with you is exempt from tax. As is a transfer done under a court order or a formal deed of seperation or divorce. If assets are transfered after the divorce or outside of the formal agreements then the sale or transfer will be open to stamp duty, capital gains tax or captial acquistions tax. So to avoid tax make sure all transfers are done during the divorse or seperation formal process



Friday 1 March 2013

Is it tax avoidence or tax evasion

An accountants job is to prepare your accounts, to give you tax advice to minimize your tax liability and then to calculate how much you owe in tax in a timely manner so that you keep up to date with your responsibilities in relation to tax. The process of minimizing your tax liability is done by intelligently applying tax avoidance measure (it could also  be called efficient tax planning.  However the process of illegally avoiding tax is called tax evasion

(1) Tax avoidance: this involves  availing of reliefs and allowance within the tax code to minimize how much you pay in tax and will involve one or more of the following
      (A) Structuring transactions correctly. So structuring a transaction in such a way that it avails of a relief.
      (b) Time management of transactions. So timing a transaction either bringing it forward or delaying it so that it comes with in a certain time frame in order to avail of reliefs
      (c) Arbitage. making sure transactions are in the correct structure or switched between different structures to avail of reliefs i.e. between company and personal, and between income tax and capital gains tax etc

(2) Tax Evasion is where you deliberately under declare your income to the tax authorities in order to avoid paying tax . So you earn 80000 in a year but you only declare 30000. This can result in fines and penalties and possibly imprisonment.

Therefore in tax avoidance your declare all of your income but in such a way that you pay the least amount of tax possible while staying within the law. This is compared to just simply not declaring your income correctly. The first one takes planning and is an intelligent way to run your business. The second one will just lead you to paying more tax than you should have paid and possibly jail. Remember the Revenue Commissioners deal with millions of people and have come across most if not all the crazy schemes that you may think up that you believe are original.