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Revenue Tax Defaulters List Searches – An Ellis & Ellis Explainer

What is a Revenue Tax Defaulters List Search?

The Dublin Gazette, which served from 1705 as the official newspaper of the British-controlled government in Ireland, was succeeded in 1922 by An Iris Oifigiúil or The Official Journal.

As the new Irish governmental bi-weekly newspaper of record, its role remained relatively unchanged from its predecessor. Its remit permits it to publish notices of government business, including orders, rules, and proclamations, as a form of prima facie evidence (i.e., that [evidence] which is sufficient to establish a fact or a case unless proven otherwise).

While still published today by the Office of Public Works in hardcopy, since 2002, most content has also been available in a digital edition. Amongst the many matters published in Iris Oifigiúil is a list of ‘Penalties Determined By A Court Relating To The Non-Declaration Or Under-Declaration Of Tax’, otherwise referred to as the Revenue Tax Defaulters List.

The list, which appears quarterly, remains true to its original tenet, that is, the publication was intended to pressurise individuals into settling their debts and thereby either (a) avoid public embarrassment and (b) subsequent legal consequences.

Produced in two parts, part 1 of the Revenue Tax Defaulters List details ‘Persons in whose case the Court has determined a penalty relating to a settlement, or has imposed a fine, imprisonment or other penalty in respect of a tax or duty offence’.

In turn, Part 2 describes ‘Persons in whose case Revenue has accepted a settlement offer instead of initiating court proceedings, or a settlement has been paid in full’. Typically, this conjoined list will reflect the amount of a settlement that remains unpaid at the end of a given period’, e.g. 1st April to 30 June.

It is against these records that we conduct a Revenue Tax Defaulters List search.

Why might someone conduct a search against the Revenue Tax Defaulters List?

While public opprobrium may or may not remain a coercive motivator in tax collection today, the purposes to which the original defaulters list is put have evolved to meet new demands.

Primarily, after the 2008 global financial crisis and the introduction of a ‘fitness and probity’ mechanism by the Central Bank of Ireland, legislation has mandated the creation of a statutory code of standards for significant role holders. That is, assurances that individuals in key and customer-facing positions (Controlled Functions (CFs) (*) and Pre-Approval Controlled Functions (PCFs) (†),) are ‘…competent and capable, honest, ethical and of integrity and also financially sound…’.

In practical terms, the Act requires that candidates for these sensitive positions complete an online Individual Questionnaire (IQ). The proposing firm then endorses and submits the completed IQ electronically to the Central Bank for review.

While certain sections of the IQ address an applicant’s competence, capacity, integrity, and management of conflicts of interest, other sections (and the focus of this explainer) concentrate specifically on matters of reputational and financial soundness, including financial issues that may arise if an individual is appointed to a position of authority within a firm.

As such, Ellis & Ellis are frequently called upon to provide their specialised search services specifically related to these reputational and financial considerations. One such search type that can assist as part of a fitness & probity investigation is a Revenue Tax Defaulters List search.

What might a search against the Revenue Tax Defaulters List show me?

In its broadest sense, a search on these records will pick up on published details on persons (or companies) upon whom a fine or other penalty was imposed by a Court regarding unpaid tax, possession or sale of certain restricted goods, and various licensing failures ‡.

What if a matching act appears on the Revenue Tax Defaulters List search?

Should matching acts for names and addresses be returned for a person, then accordingly a regulated financial service provider / holding company shall ‘…not permit a person to perform a controlled function unless the regulated financial service provider / holding company is satisfied on reasonable grounds that the person complies with this [code] and [that] the person has agreed to abide by the Standards of Fitness and Probity’.

How might an applicant (or their proposer) conduct such a search as part of a Fitness and Probity Individual Questionnaire (IQ) process?

Ellis & Ellis provides solicitors firms, regulated financial service providers / holding companies (but not individuals) access to our proprietary search website at www.ellis.ie. While the bulk of the general fitness & probity search types can be turned around instantly, a number of them (including Revenue Tax Defaulters List searches) involve manual intervention. Typically, the provision of a name and address is sufficient to conduct such a search.

Use an established Law Search provider

As set out above, Ellis & Ellis’ professional scope and understanding of its search environment, along with the means to apply practical commercial strategies, it offers the perfect solution to help clients vet potential significant role holders.

By combining an easy-to-use ordering platform at www.ellis.ie with over 130 years of specialist expertise and a superior after-sales experience, we offer our clients a premium searching service.

Additionally, by way of offering added peace of mind, Ellis & Ellis provides substantial Professional Indemnity Cover (€10 million for each and every case).

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