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LAW30090 – Revenue Law: Introduction to Revenue Law assignment sample Ireland

Revenue law is a vast and complex area of Irish law. It governs the taxation of income, capital gains, profits, and business assets in Ireland.

The Irish tax system is based on self-assessment. This means that taxpayers are responsible for calculating their own liability and submitting returns to Revenue. Revenue is responsible for the administration of the tax system and for the enforcement of tax laws.

Revenue issues various notices to taxpayers from time to time setting out its view on how a particular tax should be calculated. It is important that taxpayers take note of these notices, as they can be used as the basis for asserting liability in the event of a dispute with Revenue.

Assignment Activity 1: Identify the importance of various sources of law in drafting and interpreting tax statutes.

In drafting and interpreting tax statutes, the following sources of law are of particular importance:

  • The Constitution of Ireland
  • European Union law
  • Tax Treaties
  • The Income Tax Act 1967
  • The Corporation Tax Act 2010

The Constitution of Ireland is the supreme law in Ireland. It sets out the fundamental rights and freedoms of Irish citizens. The Constitution also contains a number of provisions that are relevant to taxation. For example, Article 43.2 prohibits the taxation of income that is not derived in Ireland.

European Union law is of importance in taxation because it sets out the principles that member states must follow when they levy taxes. These principles are set out in the Treaty on the Functioning of the European Union (TFEU).

Tax treaties are agreements between two or more countries that set out the terms under which taxes will be levied on cross-border transactions.

The Income Tax Act 1967 and the Corporation Tax Act 2010 are the principal statutes that govern Irish taxation. They contain provisions on a wide range of topics, including income tax, corporation tax, capital gains tax, and value-added tax (VAT).

In interpreting tax statutes, it is important to consider the purpose of the statute and the context in which it was enacted. The courts also take into account the established practice of Revenue in relation to the interpretation of tax legislation. This practice is set out in various Revenue manuals and other guidance documents.

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Assignment Task 2: Analyse the position of the tax collector under Irish law (including the constitutional and administrative fetters on the power of the tax collector to act).

Under Irish law, the tax collector (Revenue) is subject to a number of constitutional and administrative fetters on its power to act.

The Constitution of Ireland sets out the powers and functions of Revenue. It also contains a number of provisions that protect the rights of taxpayers. For example, Article 43.2 prohibits the taxation of income that is not derived in Ireland.

Revenue is also subject to the administrative controls of the Department of Finance and the Minister for Finance. The Minister has a number of powers that can be exercised in relation to Revenue, including the power to issue directives and guidelines to Revenue, and the power to appoint members of the Revenue Commission.

The courts have also recognized a number of constitutional rights that are relevant to taxation, including the right to privacy (Article 8 of the Constitution), the right to freedom of speech (Article 40.6.1(i) of the Constitution), and the right to property (Article 43 of the Constitution).

In addition, Revenue is subject to various European Union law principles, including the principle of proportionality, which requires that taxes be levied in a manner that is not excessive.

Revenue must also comply with the requirements of tax treaties. These treaties impose limits on the amount of tax that can be levied on cross-border transactions.

Assignment Task 3: Outline how an individual is taxed on receipt of various forms of income.

There are a variety of different ways that individuals can be taxed on their income, depending on the type of income received. The following are some of the most common types of taxable income:

Earned Income: This includes wages, salaries, tips, and other forms of compensation for services rendered.

Unearned Income: This includes interest, dividends, royalties, and capital gains.

Business Income: This includes profits from self-employment or ownership in a business.

Retirement income: This includes payouts from pensions, annuities, and IRA/401k withdrawals.

Rental income: This includes payments for the use of property or equipment leased to others.

Social welfare payments: This includes payments from the Department of Social Protection, such as unemployment benefits, social security, and family income supplement.

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Assignment Task 4: Outline the remedies available to a taxpayer.

There are four primary remedies available to a taxpayer who disputes a proposed assessment of tax liability:

1) Administrative remedies, including seeking administrative review by the Internal Revenue Service (IRS) of the proposed assessment and/or filing a protest with the IRS Office of Appeals;

2) Judicial remedies, including filing suit in federal district court or in the United States Tax Court;

3) Collection remedies, including payment of the outstanding tax liability and/or submitting an offer in compromise; and

4) Equitable remedies, which may include innocent spouse relief or equitable subordination.

Assignment Task 5: Understand the impact of case law when interpreting tax statutes and applying tax law.

The application of tax law is often determined by case law – court rulings that set precedent and establish how a certain tax statute should be interpreted. When applying tax law, it’s important to consider not just the words of the statute itself, but also the spirit and intent of the legislation, as well as any relevant case law. In some cases, a court will look to precedents set in other jurisdictions in order to come up with a ruling.

It’s also worth noting that tax statutes can be amended or repealed by Parliament, so it’s possible that the meaning of a particular statute could change over time. As such, it’s important to keep up to date with any changes to the tax code and seek professional advice if you’re unsure about how a particular statute should be applied in a particular situation.

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Assignment Task 6: Identify the methods of tax collection used by governments. 

There are a number of methods used by governments to collect taxes. The most common are as follows:

  1. Income Tax – This is a tax on income that is levied by the government on individuals and businesses.
  2. Corporate Tax – A corporate tax is a tax levied on the profits of corporations. 
  3. Sales Tax – A sales tax is a tax that is charged by the government on the sale of goods and services. 
  4. Value-Added Tax (VAT) – A value-added tax is a type of sales tax that is assessed on the added value of goods and services at each stage of production or distribution. 
  5. Payroll Tax – A payroll tax is a tax that is calculated as a percentage of an employee’s wages and is paid by the employer.
  6. Estate Tax – An estate tax is a tax levied on the value of a deceased person’s estate.
  7. Gift Tax – A gift tax is a tax that is levied on gifts made by individuals.
  8. Excise Tax – An excise tax is a type of sales tax that is assessed on the sale or use of specific goods or services.
  9. Property Tax – A property tax is a tax that is levied on the value of the property.
  10. Custom Duties – Custom duties are taxes charged on imported goods.
  11. Sin Tax – A sin tax is a tax that is levied on goods and services that are considered to be harmful or undesirable, such as alcoholic beverages, tobacco products, and gambling activities.
  12. Net worth Tax – A net worth tax is a tax that is calculated as a percentage of an individual’s total net worth.
  13. Toll-Tax – A toll tax is a fee charged by the government for the use of a particular road or bridge.

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