2 weeks Ago By Irishexaminer.com
A convicted used car dealer has lost out on a €200,000 bond battle with the Criminal Assets Bureau (CAB). It follows the Tax Appeals Commission finding that the car dealer pay the €200,000 in the form of a bond as security for taxes owed and may be owed in the future to CAB. The 20-page ruling by the TAC records that the car dealer was convicted in January 2020 of having custody or control of a false instrument under section 29 of the Criminal Justice (Theft and Fraud) Offences Act 2001 and given a custodial sentence.
The report doesn’t say if the prison term was suspended or not. The report states that the conviction related to the car dealer’s production to CAB of forged invoices purportedly relating to the purchase by the company of two vehicles from the United Kingdom, in respect of which no Vehicle Registration Tax (VRT) had been paid. The car dealer told the TAC hearing that he produced the invoices in circumstances where he had “panicked”.
He regretted doing so and had paid the price for his wrongdoing. The used car dealer was appealing a notice from CAB in January 2019 that it to give security in the amount of a €250,000 bond in respect of taxes that are or may become due from him. In his ruling, TAC Commissioner, Conor O'Higgins ruled that the €250,000 security be reduced to €200,000 in the form of a bond.
Mr O'Higgins said that the sum incorporates the €133,364 in VAT due, plus an additional amount to take into account a degree of risk in respect of taxes falling that may become due in future. Case background The car dealer previously undeclared income and VAT receipts, which gave rise to self-assessed liabilities of €586,771.89.
In 2014, the man offered to pay €450,000 in settlement of the personal tax owed and this proposal was acceptable to the Revenue Commissioners. The appellant made payments totalling €360,000, the last of which was made in June 2017 On October 18, 2017, CAB sent final demand correspondence to the appellant where he had by that stage failed to pay to it the full amount of €450,000. CAB demanded €398,020 which comprised of the unpaid balance of €586,771 plus interest accrued to the date of the demand.
On June 13, 2018, CAB sent the appellant correspondence that stated that under the terms of the “Historical agreement”, where he had undertaken to pay €450,000, “€88,231 remains outstanding”. On January 30, 2019, the appellant’s company was placed in voluntary liquidation and a liquidator was appointed and the company was, prior to its being placed in liquidation, trading while insolvent. Following the liquidation of the company, the appellant consented to his disqualification from being a company director for a period of 10 years and in July 2016, the appellant opened a bank account in the name of the company.
Between this time and December 2018 in excess of €2.5m passed through the bank account. The appellant commenced operating as a sole trader in the car dealership business in 2019 and since recommencing trading, the appellant has made VAT returns in respect of each VAT period.
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