Dunleer man owed €246,232 to Revenue

COURIER BLAMED ACCOUNTANT FOR SHORTCOMINGS IN TAX RETURNS

A Dunleer father of four who ran a courier business blamed his accountant when he was prosecuted for not making the correct income tax and VAT returns.

Patrick McKenna, with an address at 29 School Lane, Dunleer, pleaded guilty to the offences which occurred between September/October 2007 and November/December 2011.

Evidence was given at Dundalk Circuit Court by Ms Margaret Dunleavy, a Higher Executive Officer and Inspector of Taxes attached to the Investigations and Prosecution Division at the Revenue Commission, that a general investi- gation was carried out into the tax compliance of couriers.

It was during this investigation that the offences against the accused came to light.

He had been working as a sub contractor for a firm of couriers and hadn’t made the correct VAT or Income Tax returns.

His total liability for VAT for the period was €150,762 while his liability for Income Ta was €36,165 making a total of €246,232.

The court heard McKenna had ceased working as a courier in November 2013 and had since held a number of PAYE positions. He was currently working as a bus driver with Bus Eireann. He had since made ninety direct payments to the Collector General of sums between €10 and €100.#

He claimed that the under payments had arisen due to information which he had been given by his accountant but his accountant wasn’t in agreement with this.

He had kept his business records in a shoe box and had set up a VAT account when he started in business. However, he couldn’t afford to put all the money aside due to business costs.

He told the investigators that when he started off in business this was not the road he wanted to be on and he didn’t want to be a criminal. He apologised and was remorseful for his actions. He had no previous convictions.

McKenna’s barrister said his client was ‘appalled and ashamed’ of what had happened and had never any involvement in illegality or criminality until he became involved in business. He clearly failed to address the statutory requirements and this was a fall from grace for himself and his wife who were devoted family people who wanted to do the best for their family. There was now a judgement mortgage on the family home so the accused and his wife will never accrue any benefit from the mortgage they took out.

Judge Jacinta Baxter adjourned the case until the end of January 2019 from the preparation of a Probation and Welfare Report. She also wanted a letter from his employer.