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Think TAXB*CK made a mistake in calculating our tax liability for 2013, any recourse?

  • 12-02-2018 8:26pm
    #1
    Registered Users, Registered Users 2 Posts: 120 ✭✭


    A question for the accountants amongst you... sorry I dont know where to ask, for a bit of guidance.

    We were living in Australia in 2013 and had to do tax returns in both Australia and Ireland for our apartment we rented out. Anyway it turns out the accountant we used in 2012 said he filed a return for 2013, but we actually used Tax back.com (thats 1 mess, as he's looking for payment now, all these years later!!!)
    He sent through a version of the Form 11 and so did Taxback.com but the accountant said we owed ZERO as the rental liability was offset again the double taxation we paid in Australia. Tax back on the other hand (who we actually used) arrived at a liability owing to Revenue of 1460EUR and we paid. I dont see that they took into account the tax we paid in Australia.


    My questions are...

    (1) If Tax back calculated this incorrectly what recourse do we have with them? (I understand you can only go back 4 years with Revenue)

    2) Can two tax returns be submitted for the same year? Ie the accountant submit one and then Taxback submit one?

    (3) How do I fix this mess? Should we try to get another accountant to makes heads and tails of it. Im feeling totally overwhelmed and had left my husband deal with the entire matter- but unsuccessfully to date!

    I won't be able to sleep thinking about this mess. Thank you!


Comments

  • Registered Users, Registered Users 2 Posts: 2,359 ✭✭✭Ninthlife


    acb wrote: »
    A question for the accountants amongst you... sorry I dont know where to ask, for a bit of guidance.

    We were living in Australia in 2013 and had to do tax returns in both Australia and Ireland for our apartment we rented out. Anyway it turns out the accountant we used in 2012 said he filed a return for 2013, but we actually used Tax back.com (thats 1 mess, as he's looking for payment now, all these years later!!!)
    He sent through a version of the Form 11 and so did Taxback.com but the accountant said we owed ZERO as the rental liability was offset again the double taxation we paid in Australia. Tax back on the other hand (who we actually used) arrived at a liability owing to Revenue of 1460EUR and we paid. I dont see that they took into account the tax we paid in Australia.


    My questions are...

    (1) If Tax back calculated this incorrectly what recourse do we have with them? (I understand you can only go back 4 years with Revenue)

    2) Can two tax returns be submitted for the same year? Ie the accountant submit one and then Taxback submit one?

    (3) How do I fix this mess? Should we try to get another accountant to makes heads and tails of it. Im feeling totally overwhelmed and had left my husband deal with the entire matter- but unsuccessfully to date!

    I won't be able to sleep thinking about this mess. Thank you!

    Contact Revenue directly and ask. The first form 11 would be on record and the second one would have resulted in an amended tax return. Very easy for Revenue to see.

    If there is no liability and you paid, the amount you paid is sitting as credit against your PPS. Again Revenue can advise how to contact Collector Generals with regard to monies paid.


  • Registered Users, Registered Users 2 Posts: 4,113 ✭✭✭relax carry on


    acb wrote: »
    A question for the accountants amongst you... sorry I dont know where to ask, for a bit of guidance.

    We were living in Australia in 2013 and had to do tax returns in both Australia and Ireland for our apartment we rented out. Anyway it turns out the accountant we used in 2012 said he filed a return for 2013, but we actually used Tax back.com (thats 1 mess, as he's looking for payment now, all these years later!!!)
    He sent through a version of the Form 11 and so did Taxback.com but the accountant said we owed ZERO as the rental liability was offset again the double taxation we paid in Australia. Tax back on the other hand (who we actually used) arrived at a liability owing to Revenue of 1460EUR and we paid. I dont see that they took into account the tax we paid in Australia.


    My questions are...

    (1) If Tax back calculated this incorrectly what recourse do we have with them? (I understand you can only go back 4 years with Revenue)

    2) Can two tax returns be submitted for the same year? Ie the accountant submit one and then Taxback submit one?

    (3) How do I fix this mess? Should we try to get another accountant to makes heads and tails of it. Im feeling totally overwhelmed and had left my husband deal with the entire matter- but unsuccessfully to date!

    I won't be able to sleep thinking about this mess. Thank you!

    Was your apartment located in Ireland while you are non resident? If so, the rental income should have been declared in Ireland and the tax paid here as Ireland retains taxation rights on property in the state.

    Also backed up by the double taxation agreement between Ireland and Australia.

    "Income from real property may be taxed in the Contracting State in which the real
    property is situated."

    If you paid Australian tax on the Irish income, you may wish to talk to the Australian tax agency regarding the correct treatment.


    https://www.revenue.ie/en/tax-professionals/tax-agreements/double-taxation-treaties/a/australia.pdf

    https://www.revenue.ie/en/tax-professionals/tdm/income-tax-capital-gains-tax-corporation-tax/part-45/45-01-04.pdf


  • Registered Users, Registered Users 2 Posts: 939 ✭✭✭Ciaran


    If you were resident in Australia, you should get double taxation relief in Australia for tax paid in Ireland, not the other way around.


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