Pound of Flesh - OMSP

[Bazg2]

In my efforts to understand the OMSP for imports etc. maybe I'm a little naive, but I've just realised that the revenue just want their pound of flesh. If they give am OMSP of €15k, they mean that, regardless of VRT and duties added after the fact and no one buys in a car and sells it as OMSP, it is sold with all the charges added, so does that then create a new OMSP???
I've stumbled across this TAX appeals website.... Welcome to the Tax Appeals Commission anyone recognise any of the appeals posted, they literally put them out on twatter albeit with personal details removed.

Tax Appeals Commission on Twitter: "The Tax Appeals Commission has published a determination regarding VRT - 124TACD2021. https://t.co/pCIlRJEgK5" / Twitter

[Kaiser]

Jaysus, I bet you nobody would be appealing a €3500 VRT figure on an E46 M3 today!

[Jimmy Taybag]

Plenty more VRT cases here: https://www.taxappeals.ie/en/determinations

I had a Revenue appointed assessor inspect my car to review the OMSP prior to paying the VRT last week. Didn't make much difference to the OMSP but as part of the process I got my hands on their valuation data: comprising 3 random dealer cars on GooNet screenshotted on to a page

If I don't get a fair outcome from the written appeal, you'll see a fresh VRT case determination in the link above in a few months

[TPaul]

Plenty more VRT cases here: https://www.taxappeals.ie/en/determinations

I had a Revenue appointed assessor inspect my car to review the OMSP prior to paying the VRT last week. Didn't make much difference to the OMSP but as part of the process I got my hands on their valuation data: comprising 3 random dealer cars on GooNet screenshotted on to a page

If I don't get a fair outcome from the written appeal, you'll see a fresh VRT case determination in the link above in a few months

I dunno if I got lucky but I lodged an appeal to the commission of taxation.. I got a call from revenue shortly afterwards asking for a much lower vrt figure provided i confirmed in writing I was satisfied with the vrt figure
and would not be proceeding with appeal.

I offered to pay x in my initial appeal. I was asked to pay 1/2 of x which i was very happy with

[Johnny_Limerick]

Interesting.

[Ste]

I brought a case to the Appeals Commissioners back in 2012. I had two VRT appeals before appearing at the Appeals Commissioners. It's physically set up like a court (Appeals Commissioner sits high in front of you and enters from a side door) and is operated very much like a court - you present your case, then Revenue are offered the chance to respond. In my case they had no interest in arguing at all. Then the Appeals Commissioner makes a ruling. I won my case and the two people from Revenue (who wasted their time to come and not present any kind of counter argument) told me afterwards that I was the first person in years to bring a regular VRT appeal that far.

[Bazg2]

Odd that, I thought the revenue was a faceless organisation that just vacuumed money from hardworking folk. Congrats on winning your appeal.

[TPaul]

I brought a case to the Appeals Commissioners back in 2012. I had two VRT appeals before appearing at the Appeals Commissioners. It's physically set up like a court (Appeals Commissioner sits high in front of you and enters from a side door) and is operated very much like a court - you present your case, then Revenue are offered the chance to respond. In my case they had no interest in arguing at all. Then the Appeals Commissioner makes a ruling. I won my case and the two people from Revenue (who wasted their time to come and not present any kind of counter argument) told me afterwards that I was the first person in years to bring a regular VRT appeal that far.

Your the first person I've heard of who has gone to the court of appeal or lodged an appeal (I lodged the appeal but didnt have to go in the end because revenue contacted me with a very attractive VRT quote to incentiviseme not to) I'd strongly suspect they want to avoid more people doing it. Apart from the hassle and cost incurred I'd guess that VRT is a bit flaky as a tax from a number of angles and it's possible an appeal would shine an unwelcome spotlight on how it operates.

[Xodar]

Had appealed a VRT valuation in 2016.

The basis of my appeal was that the OMSP was in fact the OMAP (Open Market Asking Price) and requested proof the selling price was as assessed.

Also, the OMSP is the figure a vehicle can expect to achieve in the state ("at arm's length") with all taxes and charges included so effectively a car with an OMSP of €10k includes the VRT and therefore the VRT charged on €10k is, in effect, double taxing (charging). When I presented this back to revenue the responded with "that figure excludes VRT".

I was happy to go to the Appeals Commission and informed revenue as such. The next correspondence was an offer to reduce the VRT by 52% and offered a refund of same which I accepted.

Had the Appeals Commission contact me 5 times subsequently asking if I wanted to pursue a further appeal which I declined ...... 5 times

[DonalM]

In my efforts to understand the OMSP for imports etc.

If it's not on the ROS system,

(anything older, high performance and worth having usually isn't),

and there are no examples on Donedeal they'll take the average Autotrader UK price for that model, year, mileage, and and multiply it by the emissions rate, and add that figure to it to get the "Irish OMSP".

[Bazg2]

Yeah I get that, but they don’t see the OMSP as including their pound of flesh! That M3 bought for £18k, their OMSP at the time was €12k, so they said give us €3.5k to own it here, the OMSP didn’t increase then. The next guy would’ve paid the same until such a time that values went up or down even if went and bought a similar car for 18c. So the trade then determine the values based on OMSP or OMSP plus?? Then of course does the revenue then see higher selling prices and then says oh great they’re selling for more we’ll up the omsp as a result and get even more flesh??

[Titan]

Jesus reading the posts above you'd be forgiven for thinking you were reading about the Mafia.

Its like they make it look like a pain in the ar*e to appeal and if you want to go all the way they
start fretting that it might draw unwanted attention to the whole system so throw you an offer
to make you just go away.

I wonder are there any stats on the amount of appeals they get?

I think they would be living in that appeals office dealing with all of the cases if people started getting an idea that
it might be worth their while going before that "appeals judge".
Of course the amount of cars coming in now has dropped right off since Brexit anyway.

[zero86r]

Is it worth contesting a VRT charge after payment for any car? Even if it seemed "reasonable" ?

Or is it more so when you get a ridiculous price back for something not on the calculator?

[mk2glenn]

That M3 appeal is disastrous. He basically described how he was undercharged, and that a Z4M would be even cheaper again.

[Jeremy Taxman]

there has been a very long running case rumbling on in the background related to VRT which should be heard in the next year or two. It is hope it will force revenue to reveal how exactly they calculate OMSP and whether it is fair or are they just pulling numbers out of their arse. Needless to say, Revenue are opposing this at every step.
Summary of the latest twist is here:

https://www.independent.ie/business/...-39997191.html