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Tax agent stole my money!

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  • 06-06-2014 7:07am
    #1
    Registered Users Posts: 8


    Last year I signed with a tax agent to sort out my PAYE refund. Recently I received a letter from the tax office stating a substantial refund had been made to me last month. When I initially contacted the agent. He said he had my money and would deposit it in my account. Several weeks have gone by and he he hasn't given me any money! I called and emailed him but he keeps telling me 'next week'. He is sitting on my money and is obviously taking the piss. I contacted the tax office and explained what happened but they were absolutely useless. Is there anywhere I can go to get my money back off him?


Comments

  • Registered Users Posts: 37,295 ✭✭✭✭the_syco


    How did you find the agent? Through a site, or how?


  • Registered Users Posts: 8 caerleon


    He had a stall at an event at the rds. He is registered with CRO, has a website and has a tax agent identification number.


  • Registered Users Posts: 998 ✭✭✭dharma200


    1. Go to see him in person
    2. I the money is not forthcoming see a solicitor.


  • Registered Users Posts: 8 caerleon


    He's hard to track down. The office he uses is a call center and won't give out his whereabouts. I'm surprised their is no regularity association for these guys.


  • Registered Users Posts: 4,683 ✭✭✭barneystinson


    I'm not sure what you thought Revenue would/could do for you. You appointed the guy your agent and they dealt with him accordingly, and they've issued your refund to him as your agent. It's got nothing to do with them now. Just make sure that:
    1. The refund was actually due - because if he's submitted a fraudulent/negligently incorrect claim on your behalf it's still you who's liable.
    2. You get him off your record as agent, if you haven't already (to avoid 1 above from potentially happening).


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  • Registered Users Posts: 8 caerleon


    I signed with the agent to take care of my tax for 2011/2012. He proceeded with my 2013 return without my consent. When I called the tax office they were unable to give me any advice on how to move forward. They bounced me around to different people, all of which said that they didn't know what to do? My issue is not with them. How can I check if the claim is fraudulent?


  • Registered Users Posts: 4,683 ✭✭✭barneystinson


    caerleon wrote: »
    I signed with the agent to take care of my tax for 2011/2012. He proceeded with my 2013 return without my consent. When I called the tax office they were unable to give me any advice on how to move forward. They bounced me around to different people, all of which said that they didn't know what to do? My issue is not with them. How can I check if the claim is fraudulent?

    You need to find out what was claimed, Revenue can help you there, and get someone who knows what they're at to check whether you are entitled to whatever was claimed.


  • Registered Users Posts: 5,312 ✭✭✭Sunny Dayz


    It might be different with the businesses who just work in tax claims - but from the perspective of where I work, tax returns are filed using Revenue's online system and any refunds are issued either by cheque directly to the tax payer or they are paid into the tax payer's bank account. I don't think our practice has ever actually received a client's tax back directly from Revenue.

    However, from reading your post a PRSI refund is different and is usually dealt with the the Dept of Social Welfare AFAIK.

    Revenue should be able to send you a copy of the 2013 tax return which was submitted if you request it from them. You might want to also say to Revenue to remove him as your agent if you are not happy with his conduct.

    Lastly, do you owe him fees for the work and perhaps that is why he is sitting on the refund?


  • Registered Users Posts: 4,074 ✭✭✭relax carry on


    caerleon wrote: »
    I signed with the agent to take care of my tax for 2011/2012. He proceeded with my 2013 return without my consent. When I called the tax office they were unable to give me any advice on how to move forward. They bounced me around to different people, all of which said that they didn't know what to do? My issue is not with them. How can I check if the claim is fraudulent?

    Did you provide him with any documents or info regarding claims, such as rental info, health exps etc. Or did you just say please see if I'm due anything?

    Have you received P21 balancing statements for those years from Revenue? They will show you what was claimed by the agent.


  • Registered Users Posts: 8 caerleon


    I simply gave him my PPS number and signed an agreement. I received my P21 statement from the tax office last month and when I called revenue they said the payment was deposited into the agents account. When I called the agent he said he had my money. I gave him my account number etc and asked him to deduct his fee and deposit the balance. He assured me by email that he would. After a week I called him again and he said he would deposit the balance the following morning. I don't see why he won't deposit the balance? That was over a week ago. I sent him a further email yesterday claiming that if the balance wasn't deposited I would contact my solicitor. I really don't want it to come to that but I see no other option.


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  • Registered Users Posts: 9,798 ✭✭✭Mr. Incognito


    I would make a complaint to the Irish taxation institute.

    If there are rogue operators out there they might assist in prosecuting them.

    They are a great body from my experience as a member. Especially when compared with the law society


  • Registered Users Posts: 8 caerleon


    Thanks mr incognito. I'll look into that.


  • Registered Users Posts: 3,570 ✭✭✭2ndcoming


    Unfortunately, there are a plethora of companies working as agents in the PAYE system, most of which are very well known names (radio ads, etc.) whose sole business model is to get PAYE employees to sign them up as agent then they input their bank details on the person's Revenue file, request a P21 for their client and help themselves to 10-15% of whatever refund is due.

    It's sheer opportunism and taking advantage of people's ignorance to their taxes, but it is technically legal as you've signed the forms.

    That being said, if as you say above the agent has simply disappeared with your money you can follow the usual legal channels and then send Revenue details of the incident and if they find evidence of improper practice they will revoke the agent's TAIN number, effectively shutting them down. It has happened in several similar cases to what you're describing.


  • Registered Users Posts: 4,074 ✭✭✭relax carry on


    caerleon wrote: »
    I simply gave him my PPS number and signed an agreement. I received my P21 statement from the tax office last month and when I called revenue they said the payment was deposited into the agents account. When I called the agent he said he had my money. I gave him my account number etc and asked him to deduct his fee and deposit the balance. He assured me by email that he would. After a week I called him again and he said he would deposit the balance the following morning. I don't see why he won't deposit the balance? That was over a week ago. I sent him a further email yesterday claiming that if the balance wasn't deposited I would contact my solicitor. I really don't want it to come to that but I see no other option.

    Unless I've missed a few things, payments directly to agents bank accounts are only allowed to 2 or 3 larger taxback type companies. The smaller companies have to get their fee from their client.

    http://www.revenue.ie/en/practitioner/ebrief/archive/2009/no-302009.html


  • Registered Users Posts: 8 caerleon


    I signed a PAYE A2 form which authorizes the agent to use his account. I had no problem with him looking after my tax as I was busy. I didn't expect him to keep all my money. I can't go to his office as it is just a call center.


  • Registered Users Posts: 553 ✭✭✭berettaman


    Sorry to hear about that, OP.

    Two things strike me..

    1 Very unusual for the Revenue to repay tax into an agents account.( although I wish they would sometimes-easier to get paid for work done):rolleyes:

    2. Met him at a stand at the RDS, Call centre etc:eek:

    Tax is an important part of your personal finances. I hear the adverts on the radio all the time but it may be better in the long run to deal with the Qualified accountant/ Tax advisor that has the office in the local town.

    At least you can meet them face to face...

    Try to find out where the registered office of the business is..that would be where I start..

    B.


  • Registered Users Posts: 8 caerleon


    Cheers for the advice. I travel a lot and claim tax in a few countries. My solicitor got hold of the guy today and reminded him of his responsibilities. Hopefully that will settle the matter.


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