Tax Appeals Commission determination 09TACD2022 regarding Income Tax, 2022

• Administrative Decision Number: 09TACD2022
• Year: 2022
• Date: 01 November 2018
• Subject Matter: Income Tax
• Respondent: REVENUE COMMISSIONERS

09TACD2022

BETWEEN/

Appellants

V

REVENUE COMMISSIONERS

Respondent

DETERMINATION

Introduction

1. This is an appeal against an assessment to income tax in accordance with section

997A of the Taxes Consolidation Act 1997, as amended (‘TCA 1997’). The assessment

in relation tax year of assessment 2017, totals €3,433.07.

2. The Appellants are jointly assessed and Mr. is the assessable spouse. In 2017,

Mrs. was a director and 50% shareholder of Ltd. (the ‘company’).

Mrs. was a person with a material interest in the company in accordance with

the provisions of section 997A TCA 1997, and this was not in dispute as between the

parties.

3. In 2017, Mrs. received a salary of €24,855 from the company. The original

notice of assessment dated 17 October, 2018, allowed a credit against Mrs.

salary for tax deducted in the sum of €4,554.15. However, tax deducted from the

emoluments paid by the company was not remitted to the Revenue Commissioners

in full. In respect of 2017, the company had a PAYE/PRSI/USC liability of €43,924.23

in relation to its employees however, the amount remitted totalled €38,807.47,

leaving a shortfall of €5,116.76. The company went into liquidation on 2018.