It was found that Mr. P.A. Houlihan, a member of the Institute while a partner in Houlihan Cushnahan & Co. (No longer operating), with an address at 1-4 Adelaide Road, Glasthule, Co. Dublin acted in breach of the Institute's Code of Ethics for Members (2011-2014): Fundament Principles (b) Objectivity, and (c): Professional Competence and Due Care in that he:
- failed to:
- ensure that a business structure which he advised for a client was planned and implemented in an adequate manner so as to achieve its purpose;
- provide adequate documentary evidence that he advised the client of:
- the documentary and evidential requirements that were required to effectively implement the advice;
- the potential costs, risks and tax savings to be expected from the business structure.
- failed to obtain adequate supporting documentary evidence for the allowability of certain expenses included in the accounts and tax returns
- included business expenses in a client's tax returns which he ought to have known were not valid expenses for tax purposes
and is therefore liable to disciplinary action in accordance with the Institute's Disciplinary Bye-Laws. The Disciplinary Tribunal ordered:
- €5,000 fine;
- €7,500 contribution to costs;
- Severe reprimand
Reference: Karen Jones, Gibney Communications
Ph: 01 6610 402