Company director from Cork admits falsely claiming €120k of income tax and Vat repayments

Brian Murphy was arraigned on a total of five charges
Company director from Cork admits falsely claiming €120k of income tax and Vat repayments

Details of the actions that gave rise to the charges were not outlined to Judge Helen Boyle at Cork Circuit Criminal Court where sentencing was adjourned until February 19, 2024. File photo: Larry Cummins

Claiming repayments of income tax and Vat to the amount of over €120,000 — where there was no entitlement to do so — was admitted by a man who was arraigned at Cork Circuit Criminal Court.

Brian Murphy, formerly of 4 Abbey View, Ballea Road, Carrigaline, County Cork, was arraigned on a total of five charges brought contrary to the Taxes Consolidation Act 1997, as amended by the Finance Act 1999.

Details of the actions that gave rise to the charges were not outlined to Judge Helen Boyle at Cork Circuit Criminal Court where sentencing was adjourned until February 19, 2024.

While the accused man was arraigned on a total of two income tax charges and three related to Value Added Tax, there was a much greater number of counts in the two indictments against him. 

Jane Hyland, prosecution senior counsel, said the plea to the sample charges was acceptable on the basis that the full facts on all the charges on the indictments would be outlined in detail at the sentencing hearing in February.

Brian Murphy, who is aged around 50, was represented by Remy Farrell senior counsel.

The five charges

The charges to which the defendant pleaded guilty were as follows: Claiming a repayment of any tax to which a person is not entitled, namely that on July 5, 2010, at AIB Bank, 66 South Mall, Cork, he did obtain a repayment of income tax in the amount of €68,767, being a repayment which to his knowledge he was not entitled.

Knowingly delivering an incorrect return in connection with any tax, namely that on September 10, 2010, he did knowingly or wilfully deliver to the Inspector of Taxes of the Office of the Revenue Commissioners, Limerick, an incorrect return in connection with income tax for the tax period January 1 to December 31, 2009.

Knowingly delivering an incorrect return in connection with any tax, namely that on April 12, 2011, being a director of a body corporate, namely Securemed Ltd., acting in connivance with the said Securemed Ltd, did knowingly or wilfully deliver to the Office of the Collector General, Limerick, an incorrect return in connection with Vat for Securemed Ltd. for the period from January 1 to February 28, 2011.

Obtaining a repayment of any tax to which a person is not entitled, namely that on June 1, 2011, being a director of a body corporate, namely Securemed Ltd, acting in connivance with Securemed Ltd., he did obtain from the Collector General, Limerick, a repayment of Vat to the amount of €54,600, being a repayment which to his knowledge and the knowledge of Securemed Ltd. the said Securemed Ltd. was not entitled.

Knowingly producing an incorrect document, namely that on May 4, 2011, being a director of a body corporate, namely Securemed Ltd. acting in connivance with the said Securemed Ltd, knowingly or wilfully produced to an authorised officer of Revenue Commissioners, Blackpool, Cork, an incorrect invoice, purported to be an invoice from a solicitor to Securemed Ltd dated February 25, 2011, addressed to Securemed Ltd. Drake House, Carrigaline, County Cork, in connection with VAT.

This article was edited on Oct 26, 2023 to add that the accused Brian Murphy lived formerly at the published address, and does not currently reside there. Court reports reflect the address published on charge sheets, as this report does.

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