Can the taxman take your house?

pipsss

a very close friend of mine is in serious trouble with revenue(wont go into details but followed wrong advice)and subsequently has an full audit imminent and knows hes going to get a huge tax bill after this maybe in the region of 150k or more also his business is in free fall at the moment and his financial situation is not too healthy and knows he wont be in a situation to pay this bill,the only asset he has is his house which was recently remortgaged for 200euro and is worth around 400 euro(which he lives with wife and three kids)question is can the revenue make him sell his family home to pay the tax bill therefore leaving him and his family homeless and jobless at the same time ?

alanceltic

AFAIK it is extremely difficult for anybody to get an eviction order on a family home as the legislation protecting the family home is very tight. It is becoming more common for banks to seek these orders for default on mortgages where they would have a direct beneficial interest over the asset but I doubt the revenue would have the same powers in this area. Make no doubt if he hasnt been completely above board they will chase him for every penny he has and could make a case for him releasing the additional 200k in equity on his house, thus avoiding a situation whereby the would be seeking him to sell up. Could they take the house off him, I cant see a judge evicting a family from a home in order to pay a tax bill to be honest but thats a personal opinion rather than an informed one, there is the possibility of a prosecution for default which entail a custodial sentence but the number of these types of convictions could be counted on one hand!! as white collar crime isnt punished by the irish courts in any serious way, just look dirt being revealed at the current tribunals etc etc

pipsss

thanks ill let him know!

Victor

He seriously needs proper legal and financial advice. If he doesn't ahve it, for all he knows the Revenue are going too far. He can loose the house and might have to end up renting, so they need proper advice - the wifes share of the house might be a saving grace.

He sounds like he has more than financial problems - is there a means of solving that?

fintan

The revenue wont take your primary residence.

He will have to show what he earns and they will arrange a payment schedule of "I will xxx per month for the next 50 years" type of thing.

jdivision

If he's a sole trader though they can if they want to

seamus

jdivision wrote: »

If he's a sole trader though they can if they want to

They would still need a court judgement. Revenue do not have the authority to "seize" your home. Particularly if there is a family with children there, no judge in this country would force the sale of a home.

The Revenue are more interested in getting their money fairly than completely breaking you. They will do their best to make arrangements with a person to get the money from them, rather than go to court to force them to sell everything. After all, a person who loses everything is a person who is paying less income tax.

If the Revenue have a choice between getting €100k now and ruining you, or getting it over ten years and keeping you in business, they will always go for the latter.

He needs a financial advisor at least. Perhaps employ his own auditor to do the audit before revenue get there - so he knows what to expect. His financial advisor can then help him arrange his finances so that he may be able to present a decent repayment schedule to Revenue. He also wants to consult a solicitor to find out his options if the worst happens. No need to get the solicitor involved just yet, but definitely seek the advice.

loyatemu

could he file for bankruptcy?

pipsss

He needs a financial advisor at least. Perhaps employ his own auditor to do the audit before revenue get there - so he knows what to expect. His financial advisor can then help him arrange his finances so that he may be able to present a decent repayment schedule to Revenue. He also wants to consult a solicitor to find out his options if the worst happens. No need to get the solicitor involved just yet, but definitely seek the advice.


he had a financial advisor who was nt very good at giving advice he was from the old brigade and was only interested in lining his own pockets for charging him a service then pluck fiqures out of the sky when it came to end of year accounts and the like thats partly why hes in the mess hes in now but fortunately now hes found a very good accountant thats trying his best to dig him out of the hole hes in

Ginger83

I know of a guy who was in the same situation. His primary residence could not be taken off him but it turned out he was allowed to live there until his days were up and then the house was taken. Just meant he could not pass it on to his kids.

andrewh5

They can't take his house if it the only residence he has but they can seek a charging order. This will mean that if he sells the house, unless he repays their debt to them in full beforehand, they have first take of the equity released to repay his tax debt.

freefromgov

Your Friend might try looking @ the following. go to www.thinkfree.ca very interesting stuff dont know if anyone has tried this in Ireland but we do apparently live in the same common law jurisdiction so......
over there and in new zeland people are saying to their gov's you're fired.
you no longer represent me. Therefore you no longer have any jurisdiction over me as I was made by the Creator and all power and authority comes from there directly to me the only way governments can gain power over you is if you grant it to them on an individual basis. unless they can produce evidence that somehow the Creator ( GOD etc.) has given them controll over you thereby reducing your status to a SLAVE !
Interesting stuff !!!!
We say we live in a free country and mabey we do. But if that is the case then why are all the courts opperating in admiralty hymmm....there's a gold fringe around the irish flag in the dail. As far as i know that is not supposed to be there. i was told that the flag was green white and orange. dont ever remember hearing about a gold fringe so someone had to decide to put one on it I wonder who that was and why?
Apparently its all tied up in the concept of PERSON. most humans just assume that the word person means Human Being but it doesnt especially in law.
In irish statute books it refers to person this and person that but very few mention Human Beings !! strange...
they mention natural persons and say they are human Beings but why would they bother to make a distinction if there was no difference.
they dont say a Human Being is a Natural Person and they seem to be very careful not to as there are as you can imagine very strict rules and codes when it comes to writing this stuff down, rules they self-impose by the way.
he could also try reading the free downloadable book by Mary Elizabeth Croft. Like I said though I haven't heard of anyone using this info here.
I myself find it interesting because I always wondered how come these people in government have or appear to have all this power over me. How did they get it . do they really have it. are they opperating under the assumption I have somehow granted it to them knowingly or otherwise.
I have not knowingly granted them any, but they still seem to thing they have it. It would be Interesting to ask. Ireland is a Republic were told. Well that is not the same thing as a democracy not even close really when you investigate it. The ACTS and STATUTES are not written in the constitutionally proscribed english or irish language they are written in a language commonly referred to as legaleese i dont know the correct term as yet, but the difference is HUGE legal words do not always mean the same thing in english. If you look up some law dictionarys ( not just one look at lots) you will find astounding definitions for words you thought you knew the meaning of person is one of those words.
Anyway best of luck to you and your friend.
kind regards

freefromgov

Hello there, Greetings and peace to you, the guy you are replying to needs to do research. can you qualify your response to him with any material facts or are you just offering your opinion.

kind regards to you from me.

luckat

That business of 'firing' your government didn't work too well for Wesley Snipes, as I understand.

So sorry for your poor friend, pipsss. He'll just have to go to the Revenue and try to get straight with them.

He needs a proper accountant, deffo, who can work out a schedule of payments or get him time to get out of business, declare bankruptcy, or whatever he decides to do.

Poor man. It's a terrifying time for him. But this will pass and he'll rise again.

Victor

On-topic please.

Barnabycat

I know this thread is 10 years old but I would like to add some valuable information. In short yes the revenue will take your family home and there is a judge in the land who will grant a possession order. His name is <snip>. After numerous attempts to go bankrupt and all property taken the Revenue official <snip> feels bankruptcy does not cause enough pain and needs to take the family home before he allows my husband to go bankrupt. Also the court can do what they like there is no family protection act. Strange this hasn't been reported. I wonder why??

Graham

Mod Note

This thread is over 10 years old.

Barnabycat, you appear to have resurrected this thread for the main purpose of naming members of the judiciary and staff of revenue.

While I'm sure this is done out of frustration, this is not the appropriate venue. Please stop.