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Alice H
Alice H, Solicitor/Partner
Category: Republic of Ireland Law
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Experience:  Partner in national law firm
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What is the precise law on Income tax debt and Statute of Limitations

Customer Question

What is the precise law on Income tax debt and Statute of Limitations for a debt outstanding from 1998 to the Collector General that was suspended from collection under an informal voluntary arrangement?
Submitted: 3 years ago.
Category: Republic of Ireland Law
Expert:  Rachel-Mod replied 3 years ago.

Hello,

I'm Rachel, and I’m a moderator for this topic.

We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit.

I was checking to see if you had already found your answer or if you still needing assistance from one of the professionals.

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Customer: replied 3 years ago.

I HAVE ALREADY TRIED BOTH SOURCES MENTIONED, I WOULD LIKE TO SEE THE EXPERTS ANSWER.

Expert:  Gina-Moderator replied 3 years ago.
Hello:

Thank you for your reply. We will continue to search for a professional for you. Thank ou for your continued patience.

Best,
Gina
Customer: replied 3 years ago.

LOOK FORWARD TO FULL REPLY


 

Expert:  Wendy-Mod replied 3 years ago.
Thank you. We are continuing our search.

Regards,
Wendy
Customer: replied 3 years ago.

PLEASE KEEP TRYING

Expert:  Fran-mod replied 3 years ago.

We are still working with the professionals to find you the best possible match. I wanted to touch base to see if you still needed a professional’s assistance.

Please let me know if you would like to continue to wait or if you would like to cancel your question at this time. We sincerely XXXXX XXXXX the extended wait time.
Customer: replied 3 years ago.

I can wait. The matter while important is not particularly urgent. Perhaps allow until the end of next week

Expert:  Fran-mod replied 3 years ago.
Thanks for the reply and for your patience while we search.
Expert:  Alice H replied 3 years ago.
My name is XXXXX XXXXX I'm happy to help with your question today.

-Could you explain your situation a little more?

Expert:  Alice H replied 3 years ago.
OK don't worry about the additional information.

The relevant piece of law you need to look at is s.37(2)(a) Limitations Act 1980, which states that there is no limit on when taxes can be recovered.

Here is the text:

37 Application to the Crown and the Duke of Cornwall.

(1)Except as otherwise expressly provided in this Act, and without prejudice to section 39, this Act shall apply to proceedings by or against the Crown in like manner as it applies to proceedings between subjects.

(2)Notwithstanding subsection (1) above, this Act shall not apply to—

(a)any proceedings by the Crown for the recovery of any tax or duty or interest on any tax or duty;

(b)any forfeiture proceedings under the customs and excise Acts (within the meaning of the M16Customs and Excise Management Act 1979); or

(c)any proceedings in respect of the forfeiture of a ship.In this subsection “duty” includes any debt due to Her Majesty under section 16 of the Tithe M17Act 1936, and “ship” includes every description of vessel used in navigation not propelled by oars.

(3)For the purposes of this section, proceedings by or against the Crown include—

(a)proceedings by or against Her Majesty in right of the Duchy of Lancaster;

(b)proceedings by or against any Government department or any officer of the Crown as such or any person acting on behalf of the Crown; and

(c)proceedings by or against the Duke of Cornwall.

(4)For the purpose of the provisions of this Act relating to actions for the recovery of land and advowsons, references to the Crown shall include references to Her Majesty in right of the Duchy of Lancaster; and those provisions shall apply to lands and advowsons forming part of the possessions of the Duchy of Cornwall as if for the references to the Crown there were substituted references to the Duke of Cornwall as defined in the M18Duchy of Cornwall Management Act 1863.

(5)For the purposes of this Act a proceeding by petition of right (in any case where any such proceeding lies, by virtue of any saving in section 40 of the M19Crown Proceedings Act 1947, notwithstanding the general abolition by that Act of proceedings by way of petition of right) shall be treated as being commenced on the date on which the petition is presented.

(6)Nothing in this Act shall affect the prerogative right of Her Majesty (whether in right of the Crown or of the Duchy of Lancaster) or of the Duke of Cornwall to any gold or silver mine.


Hope this helps.

Alex
Customer: replied 3 years ago.

ALEX,

 

UK LAW DOES NOT APPLY IN IRELAND!

 

Please refer to an expert in Republic of Ireland.

 

I note that the fee has been taken although the answer has not yet been provided.

 

Please ensure that an answer is provided by this day week or refund the fee.

 

Regards

 

Expert:  Alice H replied 3 years ago.
For some reason it was posted in the UK Law category. I will get customer services to look at this for you.
Customer: replied 3 years ago.

THANK YOU

Expert:  Fran-mod replied 3 years ago.
This has been moved to our Ireland law category and we are looking for a legal expert to assist you.
Customer: replied 3 years ago.

Please note that this question relates to the Republic of Ireland and that I have looked at the Statute of Limitations Act 1957 and the Consolidated Taxes Acts without success.

Expert:  Fran-mod replied 3 years ago.
Noted. Our professionals will be able to see that reply.
Expert:  Wendy-Mod replied 3 years ago.
Hello again,

We are still working with our Legal professionals to find you the best possible match. I wanted to touch base to see if you still needed a professional’s assistance.

Please let me know if you would like to continue to wait or if you would like to cancel your question at this time. We sincerely XXXXX XXXXX the extended wait time.

Thank you,
Wendy
Customer: replied 3 years ago.

i can wait

Expert:  Fran-mod replied 3 years ago.
Your question has been open to all of our Ireland legal experts, but I'm sorry to say we have exhausted all our efforts at this time to find the right professional to assist you with your question.

While we were not able to assist you with this question, please keep in mind that JustAnswer has multiple categories, from Health, Pets, Computers, Taxes, Cars, Finance, Law, to Home Improvement, and more, to assist you with any question you may need answered.

At this time, we can offer you two options. You can choose to either have us return your good faith deposit back to its original funding source OR you may keep your deposit in your JustAnswer account to use for a future question.

We hope you will consider us again in the future,
Customer: replied 3 years ago.

sorry that you could not assist.


please refund


regards