# How far back can Revenue prosecute for failure to file self-employed tax return?



## zxcvb (26 Jun 2013)

Due to illness and not actually working, I failed to file self-employed returns for some years in the early 2000's.

Revenue did summons me some years ago but between one thing and another the cases never actually proceeded.

I still lie worry they will eventually come and get me. But, can they do so?

I genuinely didn't work/earn enough to owe them anything, I just didn't file, and it's not that I owe them money. If anything they actually owe me refunds as I still had legit expenses, so I'm not some terrible tax defaulter. There's no need to have a go at me. I have spoken to people in Revenue over the years and I do believe they know I don't actually owe anything, so I'm hoping I'm simply not worth pursuing. 

I think they know they may technically owe me money, in fact, as I did have PAYE work and I was actually trading at a loss on the self-employed work.

But, can they still come and demand records and prosecute? Or am I safe after a certain period?


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## T McGibney (26 Jun 2013)

The only way to resolve this is by filing returns now. If you didn't earn enough to owe them anything, this should be a simple process and could literally be resolvable within a few days. I suggest that, in any arrears situation, this should be done with the benefit of independent professional assistance.

If you do nothing, then you will continue to worry unnecessarily, while continuing to run the risk of wasting more time and stress for both yourself and Revenue staff, if they end up pursuing you for non-filing. This simply isn't worth it.


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## Gerry Canning (26 Jun 2013)

They may come after you , but have probably judged you don,t owe money and your failure was slackness in filing proper retuns.
Revenue DO not go away.
Can I suggest go to your local Tax office , get an appointment with Local Inspector.
You might be unlucky but generally these officials are sound.
At least you will get closure and peace.


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## Inigo (26 Jun 2013)

Talk to revenue


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## roker (26 Jun 2013)

They went back 19 years with me and discretely stuck it on a more recent tax bill for something that I did not know what it was for, neither could they tell me from their records because the year in question I had a refund.
You can only go back 4 year to claim off the tax office.


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## zxcvb (26 Jun 2013)

Thanks for the suggestions. I am terrified of Revenue, however.

If I did come clean, would I be better off waiting until I go back to college in September? I have the idea that if I have practically no means, they can't get blood from a stone if there are penalties or fees?

Also, I would be able to claim a tax credit for fees and a partial refund of PAYE already paid this year, but I am terrified I would be drawing them down on me if I do so and I haven't come clean.


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## zxcvb (26 Jun 2013)

roker said:


> They went back 19 years with me and discretely stuck it on a more recent tax bill for something that I did not know what it was for, neither could they tell me from their records because the year in question I had a refund.
> You can only go back 4 year to claim off the tax office.



Can you expand on what happened? How were you able to deal with it?


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## mandelbrot (26 Jun 2013)

roker said:


> They went back 19 years with me and discretely stuck it on a more recent tax bill for something that I did not know what it was for, neither could they tell me from their records because the year in question I had a refund.
> You can only go back 4 year to claim off the tax office.


 


zxcvb said:


> Can you expand on what happened? How were you able to deal with it?


 
+1
That's intriguing Roker - how could they not know what they were charging you for?

(On the other hand, they may have been doing you a favour by charging the tax to you in a more recent year, rather than looking for 19 years of interest which could equate to 200% of the tax originally due... sometimes people don't have the good sense to know when someone is actually taking it easy on them...)


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## T McGibney (26 Jun 2013)

roker said:


> They went back 19 years with me and discretely stuck it on a more recent tax bill for something that I did not know what it was for, neither could they tell me from their records because the year in question I had a refund.
> You can only go back 4 year to claim off the tax office.



If Revenue can't explain a 19 year old balance, or even a 9 year old  balance, they have no business attempting to collect it either via  offset or demand. They certainly have neither legal nor moral authority to impose an interest charge for a balance that may well have no basis in reality. 

You or your advisor should be able to reverse the charge or offset by making a straightforward request to Revenue.


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## roker (26 Jun 2013)

I contacted a TD who put me in touch with a senior person in the tax office, I still had all my tax records. He had to drop the request because of the time factor and lack of an explanation, which begs the question why they tried to collect.


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## T McGibney (26 Jun 2013)

Well done for contesting it, some people would have just taken the hit.


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## Sophrosyne (26 Jun 2013)

ZXCVB,

Don't be concerned by other people's tax affairs. You don't know the paticulars.

As Inigo advised, talk to Revenue.


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## Bronte (27 Jun 2013)

zxcvb said:


> But, can they still come and demand records and prosecute? Or am I safe after a certain period?


 
You've too choices, ignore and you might just never have to deal with it.  Or submit your tax returns now and sort it out.  You reckon you owe zero tax so it's seems more logical to go with that option.  

If you're going to take option one you should make sure you never ever come to the attention of revenue.  And be aware they apparently do random audits from time to time.  Generally as far as I can tell, they go back 4 years and if they don't find anything untowed they will not delve further.  

*Keep all records.  Forever.*


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## RichInSpirit (27 Jun 2013)

Revenue have to deal with lots of dodgy and broke characters at the moment.

As long as you don't have heaps of money stashed away somewhere, they can't really take heaps of money off you.

In my opinion some cases are more hastle for revenue to pursue than what they can hope to gain by the pursuit.


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## T McGibney (27 Jun 2013)

Bronte said:


> *Keep all records.  Forever.*



A lot of wisdom in those four words.


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## Gerry Canning (27 Jun 2013)

You are PETRIFIED that at some unknown future Date Revenue just MIGHT come after you.

You MUST get closure so call into them, otherwise we might be re-re viewing for ever !!!


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## MeathCommute (27 Jun 2013)

Bronte said:


> *Keep all records. Forever.*


 
And if you have anything to hide, destroy all records after 5 years ?


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## Bronte (28 Jun 2013)

MeathCommute said:


> And if you have anything to hide, destroy all records after 5 years ?


 
No, that's bad advice, even if you want to diddle, keep everything.  You might need it.


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## MeathCommute (28 Jun 2013)

Bronte said:


> No, that's bad advice, even if you want to diddle, keep everything. You might need it.


 
Sorry Bronte. I was joking there


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