The vast majority of people won't be motivated to make a retrospective claim for deduction until they know for certain that it will be honoured. Many people have a deep-seated fear of Revenue and won't want to make speculative claims.
Agreed.
People should never believe that Revenue are there to help them. This is an organisation that's primary function is to maximise the State's tax-take by whatever means possible, all with an unhealthy and sinister anti-wealth leaning.
The vast majority of people won't be motivated to make a retrospective claim for deduction until they know for certain that it will be honoured. Many people have a deep-seated fear of Revenue and won't want to make speculative claims.
That doesn't contradict my point that many people shy away from doing so.???
People regularly make speculative claims.
Any basic comparison of how the Irish & UK tax systems treat business taxpayers really exposes the anti-business and anti-wealth ideology behind the Irish system.Really?! Do tell more...?
As a practical matter how would a taxpayer go about claiming nppr as an expense for 2013 at this stage. In the hope that eventually Revenue will accept it.
Hi,
Forgive me if this had already been addressed in this thread, I have read right through it but can't seem to find an answer to my particular query. Just wondering if anyone can help me out with the following:
1) If NPPR charges were paid late -i.e. in installments over the last four years 2013-2016 - are they deductible against rental income earned in the same years or can they only be deducted against rental income earned in the years they were due?
2) are the penalties tax deductible or just the charges?
Thanks in advance
Penalties are not tax deductible generally, as they're not a cost incurred as part of a business but because of someone's individual mistake.
The NPPR itself (if ultimately confirmed to be deductible), will be deductible against each referable year.
I find that response about the penalties not being deductible a big vague. Because you used the word 'generally'.
Also right now legally the NPPR is deductible is it not? It is current law is it not?
Finally can you claim back a deduction if it's more than four years. Are you suggesting that if the appeal is won, that landlords will be able to back date claims beyond four years?
It isn't specifically written into statute as being deductible, so the only person whose tax assessment is subject to the decision is the taxpayer in question. Revenue have their own interpretation and the courts have, thus far, held a different interpretation.
Theoretically, even after an unfavourable Court of Appeal decision, Revenue could continue to hold their line and refuse to allow a deduction, and force every person who wants it to go to appeal in order to have their assessment determined by the appeal commissioners.
In practice obviously this wouldn't happen, and Revenue would have to accept to be bound by the ruling of the highest court in the State, and would have to change their application of the legislation at that point. But as long as they are continuing their appeal onwards they have to continue to apply their interpretation of the legislation, as otherwise they'd be making allowing amended assessments and repayments of tax that they do not agree are proper in law.
It's a statement used to illustrate the point. In practice such a thing would never happen - Niall Cody would be hauled in front of the PAC faster than you could say Fall On Your Sword!!It's rather an odd statement to make to say that after a court decision Revenue could continue to refuse to allow the deduction and make everybody appeal.
Statute has everything to do with it. It's the function of the Revenue Commissioners to apply taxes legislation as set out in the Tax Acts. In so doing, they have to apply that legislation to the facts of each case, and this requires an amount of interpretation on their part. In the SPECIFIC CASE of the individual that was before the High Court, the judge had to consider the relevant statutory provisions (section 97 of the TCA) and apply it to the facts of that case. THAT case. Not necessarily every case. The High Court didn't rewrite the relevant section or subsection of legislation, that's not their function (the Oireachtas writes and amends legislation).Statute has nothing whatsoever to do with this. Right now the law is that NPPR is deductable. Is that not the case ? A court decision is the law, not statute. Revenue's 'interpretation' now legally is wrong.
A taxpayer can do whatever they feel is correct (indeed, they can even do things they know aren't correct, it being a free country!Would you agree that right now a taxpayer can put in the deduction for 2013? And revenue would have no grounds to refuse.
they cannot deliberately allow deductions / repayments that are inconsistent with their interpretation.
But their interpretation has been found to be incorrect by the courts, and unless and until Revenue's appeal is successful, that is the law.
Presumably you could do this and note is as an expression of doubt in your return.If I were saucy I would seek to claim all those years I paid the NPPR, Household Charge and LPT and let them sort out the mess.
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