Information about the TAC
1. Who we are and what we do
The Tax Appeals Commission is an independent statutory body, tasked with providing a modern and efficient appeals process in relation to the hearing and adjudication of tax disputes.
The Commission currently comprises of one Chairperson, two Appeal Commissioners appointed by the Minister for Finance, four temporary Appeal Commissioners and a number of administrative staff who support the Commissioners in their work.
Our mission is to provide a modern, independent and efficient appeals process in relation to the hearing and adjudication of all tax appeals.
We discharge our mission by
Processing all Office of the Appeal Commissioners (“OAC”) appeals which were on hand pre-commencement of the TAC on 21 March 2016, which were transferred to us from the OAC and which we term “transitional” appeals
Processing all legacy appeals
Processing all pre-commencement applications for cases stated to the High Court, in respect of previous OAC determinations
Processing all appeals received by the TAC since commencement on 21 March 2016. This includes, inter alia, case hearings, preliminary hearings and case management conferences
Reporting on case outcomes through the publication of determinations
Utilising our voted budget in an effective manner to deliver our services
Employing a suitable number of skilled and qualified staff in accordance with our voted budget.
We aim to deliver an exemplary service in the processing and adjudication of tax appeals, by providing an efficient and accessible appeals process which will produce a body of legally reliable determinations that help clarify relevant areas of taxation law and legislation.
The values which underpin our work are:
The Tax Appeals Commission (TAC) was established on 21 March 2016 in accordance with the provisions of the Finance (Tax Appeals) Act 2015.
The Finance (Tax Appeals) Act 2015 was signed into law by the President on 25 December 2015. The Minister for Finance signed the relevant commencement orders to give effect to the new legislative provisions on 26 February 2016. On 21 March 2016 the Tax Appeals Commission was established and the new regime for the processing of tax appeals entered into force.
Section 10 of the Finance (Tax Appeals) Act 2015 specifically provides that the Commission and its members shall be independent in the performance of their functions. In addition, various provisions in the 2015 Act provide the Commissioners with powers to manage cases more actively than in the past, thereby reinforcing the independent operation of the appeals process.
The Office is a public body for the purposes of the Freedom of Information Act, 2014 (the FOI Act). Accordingly, its records may, subject to certain exceptions, be accessed by an FOI request.
3. Role and Responsibilities
The main role of the Tax Appeals Commission (TAC) is to adjudicate, hear and determine appeals against decisions and determinations of the Revenue Commissioners concerning taxes and duties.
The role and responsibilities of the TAC are to fulfil the requirements established under the Finance (Tax Appeals) Act 2015 and the Finance (Tax Appeals and Prospectus Regulation) Act 2019. With some exceptions, the TAC examines complaints from people who feel they have been unfairly treated by assessments raised by the Revenue Commissioners in a fair, impartial and expeditious manner.
4. Functions of the Tax Appeals Commission
The specific functions of the Appeal Commissioners are set forth in section 6 of the Finance (Tax Appeals) Act 2015 and section 5 of the Finance (Tax Appeals and Prospectus Regulation) Act 2019.
In carrying out their functions, the Appeal Commissioners are obliged to ensure that proceedings before them are accessible, fair and conducted as expeditiously as possible.
The 2015 Act contains a number of provisions which are intended to underpin and safeguard the impartiality and independence of the Commissioners in the exercise of their functions, including, inter alia, section 3 which establishes the Commission as a body corporate, section 6 which establishes the functions of the Appeal Commissioners and section 10 which requires the Commission to be independent in the performance of its functions.
5. Records held by the TAC
The range of records held in the TAC fall within the following broad categories (some overlap may occur).
Internal Administration Records
Civil/Public Service Guidelines and Circulars
Speeches and Briefing by the TAC/staff of the Commission e.g. appearances before the Public Accounts Committee
Notes and minutes of management meetings and associated documentation
Records relating to publication of reports e.g. annual reports, including records relating to translation, tendering, designing and printing
Management of the website of the TAC
Management of appeals, including those where cases stated were requested
Statistics on appeals
FOI requests for access to records held by the Commission
Data Protection Act requests for access to records held by the Commission
General enquiries and correspondence, including the Office of the Ombudsman
Records relating to services provided by 3rd parties supplying ancillary support to the TAC
Transcripts of hearings that are commissioned by parties
Correspondence/Contact with other Government bodies
Correspondence/Memo of Understanding with the Department of Finance
Records of internal policy
Legislation and related matter
Discussions with the Department of Finance regarding the operation of the Act
Staff Instructions / Guidelines
Internal procedures records
Liaison arrangements with Appellants and Respondents
Services provided by the Tax Appeals Commission
Appeal records, including records of communications with Appellants and Respondents
Submissions made by Appellants and Respondents which may include personal information relevant to the appeal
Records of legal advice sought and received
Determinations of the TAC
Other records relating to examinations/investigations, including appeal closure details, analysis and comment by officials of the TAC
Guidance for Appellants
6. Corporate Strategy
The key strategic priorities of the Tax Appeals Commission are:
Strategic Priority 1 – Processing Tax Appeals
- to process and adjudicate on all legacy appeals by the end of 2020
- to increase case efficiency and the number of determinations each year
- to ensure all taxpayers are afforded an equal opportunity to appear before the TAC
- to ensure the delivery of a quality appeals processing service to all parties in all appeals
Strategic Priority 2 – Organisational Capacity
- to ensure that we have sufficient numbers of well trained and flexible staff at all times to deliver on our priorities
- to ensure that we have sufficient and appropriate office space to deliver on our priorities
- to ensure that we have strong, accountable relationships with key stakeholders
- to ensure that our governance arrangements are in accordance with best practice
Strategic Priority 3 – Public Accountability and Transparency
- to make determinations available to our stakeholders and to the public, ensuring that the outcomes of tax appeals are accessible and transparent
- to be fully transparent and accountable in how we operate and use public resources
Full details of the TAC’s Statement of Strategy 2017-2020 is available here.
7. Corporate Information
The Tax Appeals Commission submits a report to the Oireachtas each year in relation to its activities during the previous year. The TAC’s Annual Reports are available on our website at Annual Report.
8. Organisational Structure
Chairperson: Marie-Claire Maney
Appeal Commissioners: Mark O’Mahony
Appeal Commissioner (temp.): Conor Kennedy
Chief Operations Officer: Sinéad Boyle (Principal Officer)
Corporate Services/Appeals Support: 1 Assistant Principal Officer
Scheduling Manager: 1 Assistant Principal Officer
ICT Manager: 1 Assistant Principal Officer
Case Managers: 5 Assistant Principal Officers
Human Resources/Finance: 1 Higher Executive Officer
IT Support/Data Security: 1 Higher Executive Officer
Administration Support Appeals: 3 Higher Executive Officers
4 Executive Officers
6 Clerical Officers
Administration Support Scheduling: 1 Executive Officer
Administration Support HR/Finance: 1 Clerical Officer
8. Pay Grading
The salary of an Appeal Commissioner is the equivalent of an Assistant Secretary in the Civil Service. The salaries scales of civil servants may be found at: www.publicjobs.ie.
9. Location of the Tax Appeals Commission
The Office is located at Fitzwilliam Court, Leeson Close, Dublin 2, D02 YW24.
Opening hours: between 9.00 and 5.30 Monday to Thursday and between 9:00 and 5:00 on Friday.
Post: Tax Appeals Commission
Telephone: +353-1-662 4530
Fax: +353-1-661 1892
Email: email@example.com for queries regarding the scheduling of appeals for hearings
10. Service Level Agreement with Revenue
A service level agreement is currently in place between the TAC and Revenue, which establishes both parties' responsibilities for all administrative and accounting procedures. The first of such agreements was put in place in February 2005 the most recent signed agreement was effected in 2020. A copy of the agreement can be found here.
Our website (www.taxappeals.ie) contains additional information about the TAC. This includes:
- Determinations Issued
- Notice of Appeal, Notice of Late Appeal and Statement of Case Forms
- Rules and Procedures
- Information published by the TAC regarding the services we provide
- Guidance Notes for Appellants regarding:
- Making an appeal
- Statement of Case
- Outline of Arguments
- Setting out Legal Arguments, Burden of Proof and Evidence
- Conduct of an Appeal Hearing
- Appealing a Determination
- Actions taken by the Appeal Commissioners