Disciplinary decisions 2023

Disciplinary decisions 2023

• Outcome of a Disciplinary Tribunal regarding allegations against Mr P.A. Houlihan

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  13/06/2023 14:53:02

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  Finding and Order

  The Disciplinary Tribunal finds that Mr P A Houlihan, a member of the Institute while a partner in the practice of 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 (2006 - 2014): Fundamental Principle: (c): Professional Competence and Due Care in that he failed to:  

  1. Ensure that a business structure, namely the incorporation of a medical practice, which he advised for a client in the period 2010 to 2013 was planned, implemented and maintained in an adequate manner so as to achieve its purpose; 
  2. Act in accordance with the requirements of an assignment on a timely basis in respect of the potential implications of a Revenue sector review announced in 2013;
  3. Act in accordance with the requirements of an assignment on a timely basis in respect of the appropriate amount of tax payable in 2010 and 2011;
  4. Act in accordance with the requirements of an assignment on a timely basis in respect of a proposed Unprompted Voluntary Disclosure to Revenue in the period February to March 2014.

  and is thereby liable to disciplinary action in accordance with the Institute’s Disciplinary Bye-Laws. 

  The Disciplinary Tribunal finds the Formal Allegations proven and makes an Order as to Sanction that the member be subject to a severe reprimand, a fine of €7,500 and a contribution to costs in the amount of €7,500.

  This Order takes effect from 7 June 2023.
  

  Background and outline of disciplinary matter

  The member failed to meet the expected ethical standards of Professional Competence and Due Care and Professional Behaviour in respect of the provision of services to a client in connection with the incorporation of a doctor’s private medical practice.

  This Disciplinary matter was concluded in accordance with the settlement provisions set out in Chartered Accountants Ireland’s Disciplinary Regulations, the proposed terms of settlement having been approved by the members of the Disciplinary Tribunal on 6 June 2023.
  

  Identification of appropriate orders

  Recognising the benefits of resolution through the settlement process, the Disciplinary Tribunal considered the findings and orders made appropriate having regard to the objectives of the Disciplinary Bye-Laws, the applicable guidelines on sanctioning and the particular facts and circumstances of the matter before it.
  
  Reference: Karen Jones, Gibney Communications
  Ph: 01 6610 402

  Outcome of a Disciplinary Tribunal regarding allegations against Mr P.A. Houlihan

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• Appeal tribunal decision

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  22/05/2023 16:03:31

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  Finding and Order

  The Appeal Tribunal finds that a member of the Institute, with an address in Co. Cork did act in breach of:

  1. the institute's Continuing Professional Development Regulation 6.1 by failing to submit a CPD declaration for 2019; and
  2. the institutes' Continuing Professional Development Regulation 5.2 by failing to respond to correspondence from the Quality Assurance Committee.

  and is accordingly liable to disciplinary action under the lnstitute's Disciplinary Bye­ Laws.

  The Appeal Tribunal finds the member's actions amount to poor professional performance.

  The Appeal Tribunal finds the Formal Allegation proven and makes an Order as to Sanction that the Member be subject to a reprimand, a fine of €1,500 and a contribution to costs in the amount of €2,500.

  This order took effect from 18 May 2023.

  Background and outline of disciplinary matter

  That the member did act in breach of

  1. the lnstitute's Continuing Professional Development Regulation 6.1 by failing to submit a CPD declaration for 2019; and
  2. the lnstitute's Continuing Professional Development Regulation 5.2 by failing to respond to correspondence from the Quality Assurance Committee.

  Identification of appropriate orders

  Recognising the benefits of resolution through the settlement process, the Appeal Tribunal considered the findings and orders made appropriate having regard to the objectives of the Disciplinary Bye-Laws, the applicable guidelines on sanctioning and the particular facts and circumstances of the matter before it.
  
  Reference: Karen Jones, Gibney Communications
  Ph: 01 6610 402

  Appeal tribunal decision

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• 1. Outcome of a Disciplinary Tribunal regarding allegations against Mr Nicholas Cushnahan

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  09/05/2023 08:35:41

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  Finding and Order

  The Disciplinary Tribunal finds that Mr N Cushnahan, a member of the Institute whilst a partner in the practice of Houlihan Cushnahan & Co., with an address in Co. Dublin, did act in breach of the Institute's Code of Ethics for Members (2006-14): Fundamental Principles: (c): Professional Competence and Due Care and (e): Professional Behaviour in that he:

  1. failed to ensure that a business structure, namely the incorporation of a medical doctor’s private practice in 2009, which he advised for a client was planned, implemented and maintained in an adequate manner so as to achieve its purpose;
  2. failed to demonstrate that he had advised the client in writing of the costs, risk and benefits of the structure as these changed during the period of the member's professional services and obtained the client's written approval to continue;
  3. made adjustments to accounts information included in a client's Form11 tax return, calculated the add-backs required for a client's Income Tax returns and included some rental income in a client's Income Tax Returns in a manner that did not withstand a Revenue audit;
  4. failed to advise a client of the documentary evidence required regarding the payment of a salary to a family member and account correctly for a client's family members' salaries; and
  5. failed to carry out certain payroll services for family members for one year even though he had been paid for this service; and

  and is accordingly liable to disciplinary action under the Institute’s Disciplinary Bye-Laws.

  The Disciplinary Tribunal finds the Formal Allegation proven and makes an Order as to Sanction that the member be subject to a severe reprimand, a fine of €10,000 and a contribution to costs in the amount of €20,000.

  This Order took effect from 1 May 2023.

  Background and outline of disciplinary matter

  The member failed to meet the expected ethical standards of Professional Competence and Due Care and Professional Behaviour in respect of the provision of services to a client in connection with the incorporation of a doctor’s private medical practice.

  This Disciplinary matter was concluded in accordance with the settlement provisions set out in Chartered Accountants Ireland’s Disciplinary Regulations, the proposed terms of settlement having been approved by the members of the Disciplinary Tribunal on 1 May 2023.

  Identification of appropriate orders

  Recognising the benefits of resolution through the settlement process, the Disciplinary Tribunal considered the findings and orders made appropriate having regard to the objectives of the Disciplinary Bye-Laws, the applicable guidelines on sanctioning and the particular facts and circumstances of the matter before it.
  
  Reference: Donnchadh O'Neill, Gibney Communications
  Ph: 01 6610 402

  1. Outcome of a Disciplinary Tribunal regarding allegations against Mr Nicholas Cushnahan

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• 2. Outcome of a Disciplinary Tribunal regarding allegations against Mr Nicholas Cushnahan

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  09/05/2023 09:12:46

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  Finding and order

  The Disciplinary Tribunal finds that Mr N Cushnahan, a member of the Institute whilst a partner in the practice of Houlihan Cushnahan & Co., with an address in Co Dublin did act in breach of the Institute's Code of Ethics for Members (2006-14): Fundamental Principles: (c): Professional Competence and Due Care and (e): Professional Behaviour in that he failed to:

  1. ensure that adequate documentary evidence existed to support the charges and allowances included in a client's annual accounts and adjusted accounts from which the client's Income Tax returns were prepared for the years 2007, 2008, 2010, 2011, 2012 and 2013;
  2. ensure that a business structure, namely the incorporation of a medical doctor’s private practice in 2009, which he advised for a client was planned, implemented and maintained in an adequate manner so as to achieve its purpose;
  3. demonstrate that he advised a client in writing:
     1. of the potential risks associated with that client's tax affairs for the years 2009 – 2013 and the options available;
     2. ii.of the methodology being employed by him on that client's behalf and obtain the client's written approval to proceed;

  1. provide appropriate VAT advice to a medical client in relation to registration for VAT; and
  2. adequately co-operate with the Revenue on behalf of a client in respect of a Revenue audit;

  and is accordingly liable to disciplinary action under the Institute’s Disciplinary Bye-Laws.

  
  The Disciplinary Tribunal finds the Formal Allegation proven and makes an Order as to Sanction that the member be subject to a severe reprimand, a fine of €15,000 and a contribution to costs in the amount of €30,000.
  

  This Order takes effect from 21 April 2023.
  

  Background and outline of disciplinary matter

  The member failed to meet the expected ethical standards of Professional Competence and Due Care and Professional Behaviour in respect of the provision of services to a client in connection with the incorporation of a doctor’s private medical practice.
  

  This Disciplinary matter was concluded in accordance with the settlement provisions set out in Chartered Accountants Ireland’s Disciplinary Regulations, the proposed terms of settlement having been approved by the members of the Disciplinary Tribunal on 21 April 2023.

  Identification of appropriate orders 

  Recognising the benefits of resolution through the settlement process, the Disciplinary Tribunal considered the findings and orders made appropriate having regard to the objectives of the Disciplinary Bye-Laws, the applicable guidelines on sanctioning and the particular facts and circumstances of the matter before it.

   

  Reference: Donnchadh O'Neill, Gibney Communications

  Ph: 01 6610 402

  2. Outcome of a Disciplinary Tribunal regarding allegations against Mr Nicholas Cushnahan

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• Outcome of a Disciplinary Tribunal regarding allegations against Tynan Dillon Dublin Ltd

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  04/04/2023 15:36:33

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  Finding and Order
  
  

  The Disciplinary Tribunal found that Tynan Dillon Dublin Ltd, a member firm of the Institute with an address in Dublin 4 did act in breach of the Institute’s Code of Ethics for Members: Fundamental Principles: (b) Objectivity and (e) Professional Behaviour in that the member firm failed to act appropriately in a conflict-of-interest situation in the period July 2011 to January 2012.

  The Disciplinary Tribunal found the Formal Allegation proven and made an Order as to Sanction that the member firm be subject to a reprimand, a fine of €2,000 and a contribution towards costs in the amount of €8,000.

  The Order took effect from 23 March 2023.
  
  Background and outline of disciplinary matter
  

  The member firm failed to act appropriately in a conflict-of-interest situation in the period July 2011 to January 2012.

  This Disciplinary matter was concluded in accordance with the settlement provisions set out in Chartered Accountants Ireland’s Disciplinary Regulations, the proposed terms of settlement having been approved by the members of the Disciplinary Tribunal on 23 March 2023.
  
  Identification of appropriate orders
  
  

  Recognising the benefits of resolution through the settlement process, the Disciplinary Tribunal considered the findings and orders made appropriate having regard to the objectives of the Disciplinary Bye-Laws, the applicable guidelines on sanctioning and the particular facts and circumstances of the matter before it.
  
  Reference: Donnchadh O'Neill, Gibney Communications
  Ph: 01 6610 402

  Outcome of a Disciplinary Tribunal regarding allegations against Tynan Dillon Dublin Ltd

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• Outcome of a Disciplinary Tribunal regarding allegations against Mr Nicholas Cushnahan

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  21/02/2023 15:33:11

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  It has been found proven that, Mr N Cushnahan a member of the Institute whilst a partner in the practice of Houlihan Cushnahan & Co., with an address at 1-4 Adelaide Road, Glasthule, Co. Dublin, did act in breach of the Institute’s Code of Ethics for Members (2011 – 2014): Fundamental Principles: (b): Objectivity, (c): Professional Competence and Due Care in that he:

  1. Included in Income Tax returns for a client for the years 2009, 2011, 2012 and 2013 claims for capital allowances which were not adequately supported by documentation; 
  2. Submitted  an Income Tax return for the year 2009 that recognised deferred income which was not supported by documentation and which did not satisfy a Revenue audit; and
  3. Invoiced for the preparation and submission of the client’s 2010 Income Tax return when no such return, while prepared, was submitted to Revenue

  and is therefore liable to disciplinary action in accordance with the Institute’s Disciplinary Bye-Laws.
  
  The Disciplinary Tribunal ordered that the member be severely reprimanded and further ordered that the Member pay a fine in the amount of €10,000 plus a contribution towards the Institute’s costs in the matter in the amount of €30,000.
  
  This order took effect from 14 February 2023.
  
  Reference: Karen Jones, Gibney Communications
  Ph: 01 6610 402

  Outcome of a Disciplinary Tribunal regarding allegations against Mr Nicholas Cushnahan

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