{"id":12933,"date":"2022-08-12T21:42:57","date_gmt":"2022-08-12T21:42:57","guid":{"rendered":"http:\/\/legalblog.ie\/?p=12933"},"modified":"2024-04-07T11:34:51","modified_gmt":"2024-04-07T11:34:51","slug":"tax-administration","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/tax-administration\/","title":{"rendered":"Tax Administration"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/tax-administration\/#Administration\" title=\"Administration\">Administration<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/tax-administration\/#Assessement_Collection\" title=\"Assessement &amp; Collection\">Assessement &amp; Collection<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/tax-administration\/#Self-assessment\" title=\"Self-assessment\">Self-assessment<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/tax-administration\/#Assessment_Time_Limits\" title=\"Assessment Time Limits\">Assessment Time Limits<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/tax-administration\/#Returns\" title=\"Returns\">Returns<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/tax-administration\/#Form_of_Return\" title=\"Form of Return\">Form of Return<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/tax-administration\/#Incomplete_Returns\" title=\"Incomplete Returns\">Incomplete Returns<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/tax-administration\/#Appeals\" title=\"Appeals\">Appeals<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/tax-administration\/#Required_Records\" title=\"Required Records\">Required Records<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/tax-administration\/#Third-Party_Returns\" title=\"Third-Party Returns\">Third-Party Returns<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#TAXES_CONSOLIDATION_ACT\" title=\"TAXES CONSOLIDATION ACT\">TAXES CONSOLIDATION ACT<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Returns_of_income_and_gains_other_obligations_and_returns_and_revenue_powers_ss_876-917N\" title=\"Returns of income and gains, other obligations and returns, and revenue powers (ss. 876-917N)\">Returns of income and gains, other obligations and returns, and revenue powers (ss. 876-917N)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Notice_of_liability_to_income_tax\" title=\"Notice of liability to income tax.\">Notice of liability to income tax.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Returns_by_persons_chargeable\" title=\"Returns by persons chargeable.\">Returns by persons chargeable.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Persons_acting_for_incapacitated_persons_and_non-residents\" title=\"Persons acting for incapacitated persons and non-residents.\">Persons acting for incapacitated persons and non-residents.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Returns_of_income\" title=\"Returns of income.\">Returns of income.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Partnership_returns\" title=\"Partnership returns.\">Partnership returns.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Returns_by_married_persons\" title=\"Returns by married persons.\">Returns by married persons.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Particulars_to_be_supplied_by_new_companies\" title=\"Particulars to be supplied by new companies.\">Particulars to be supplied by new companies.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Notice_of_liability_to_corporation_tax\" title=\"Notice of liability to corporation tax.\">Notice of liability to corporation tax.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Returns_of_profits\" title=\"Returns of profits.\">Returns of profits.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Other_obligations_and_returns_ss_885-898A\" title=\"Other obligations and returns (ss. 885-898A)\">Other obligations and returns (ss. 885-898A)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Obligation_to_show_tax_reference_number_on_receipts\" title=\"Obligation to show tax reference number on receipts.\">Obligation to show tax reference number on receipts.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Obligation_to_keep_certain_records\" title=\"Obligation to keep certain records.\">Obligation to keep certain records.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Retention_and_inspection_of_records_in_relation_to_claims_by_individuals\" title=\"Retention and inspection of records in relation to claims by individuals.\">Retention and inspection of records in relation to claims by individuals.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Use_of_electronic_data_processing\" title=\"Use of electronic data processing.\">Use of electronic data processing.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Returns_etc_by_lessors_lessees_and_agents\" title=\"Returns, etc. by lessors, lessees and agents.\">Returns, etc. by lessors, lessees and agents.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Returns_of_fees_commissions_etc_paid_by_certain_persons\" title=\"Returns of fees, commissions, etc. paid by certain persons.\">Returns of fees, commissions, etc. paid by certain persons.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Returns_by_persons_in_receipt_of_income_belonging_to_others\" title=\"Returns by persons in receipt of income belonging to others.\">Returns by persons in receipt of income belonging to others.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Returns_of_interest_paid_or_credited_without_deduction_of_tax\" title=\"Returns of interest paid or credited without deduction of tax.\">Returns of interest paid or credited without deduction of tax.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Returns_of_interest_paid_to_non-residents\" title=\"Returns of interest paid to non-residents.\">Returns of interest paid to non-residents.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Returns_of_certain_payments_made_by_certain_persons\" title=\"Returns of certain payments made by certain persons.\">Returns of certain payments made by certain persons.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Returns_of_certain_information_by_investment_undertakings\" title=\"Returns of certain information by investment undertakings.\">Returns of certain information by investment undertakings.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Returns_of_payment_transactions_by_payment_settlers\" title=\"Returns of payment transactions by payment settlers.\">Returns of payment transactions by payment settlers.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Returns_of_certain_payment_card_transactions_by_payment_card_providers\" title=\"Returns of certain payment card transactions by payment card providers\">Returns of certain payment card transactions by payment card providers<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Implementation_of_the_Agreement_to_Improve_Tax_Compliance_and_Provide_for_Reporting_and_Exchange_of_Information_concerning_Tax_Matters_United_States_of_America_Order_2013\" title=\"Implementation of the Agreement to Improve Tax Compliance and Provide for Reporting and Exchange of Information concerning Tax Matters (United States of America) Order 2013.\">Implementation of the Agreement to Improve Tax Compliance and Provide for Reporting and Exchange of Information concerning Tax Matters (United States of America) Order 2013.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Returns_of_certain_information_by_financial_institutions\" title=\"Returns of certain information by financial institutions.\">Returns of certain information by financial institutions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Implementation_of_Council_Directive_2014107EU_of_9_December_2014_amending_Directive_201116EU_as_regards_mandatory_automatic_exchange_of_information_in_the_field_of_taxation\" title=\"Implementation of Council Directive 2014\/107\/EU of 9 December 2014 amending Directive 2011\/16\/EU as regards mandatory automatic exchange of information in the field of taxation.\">Implementation of Council Directive 2014\/107\/EU of 9 December 2014 amending Directive 2011\/16\/EU as regards mandatory automatic exchange of information in the field of taxation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-39\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#891GA_Disclosure_of_certain_information_for_the_purposes_of_administrative_cooperation_in_the_field_of_taxation\" title=\"891GA. Disclosure of certain information for the purposes of administrative cooperation in the field of taxation\">891GA. Disclosure of certain information for the purposes of administrative cooperation in the field of taxation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-40\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Country-by-country_reporting\" title=\"Country-by-country reporting.\">Country-by-country reporting.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-41\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Implementation_of_Article_18_of_Council_Directive_EU_2021514_of_22_March_2021_amending_Directive_201116EU_as_regards_mandatory_automatic_exchange_of_information_in_the_field_of_taxation_in_relation_to_platform_operators\" title=\"Implementation of Article 1(8) of Council Directive (EU) 2021\/514 of 22 March 2021 amending Directive 2011\/16\/EU as regards mandatory automatic exchange of information in the field of taxation in relation to platform operators\">Implementation of Article 1(8) of Council Directive (EU) 2021\/514 of 22 March 2021 amending Directive 2011\/16\/EU as regards mandatory automatic exchange of information in the field of taxation in relation to platform operators<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-42\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Return_of_certain_information_by_Reporting_Platform_Operators\" title=\"Return of certain information by Reporting Platform Operators\">Return of certain information by Reporting Platform Operators<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-43\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Implementation_of_Council_Directive_EU_2021514_of_22_March_2021_amending_Directive_201116EU_on_administrative_cooperation_in_the_field_of_taxation_in_relation_to_presence_requests\" title=\"Implementation of Council Directive (EU) 2021\/514 of 22 March 2021 amending Directive 2011\/16\/EU on administrative cooperation in the field of taxation in relation to presence requests\">Implementation of Council Directive (EU) 2021\/514 of 22 March 2021 amending Directive 2011\/16\/EU on administrative cooperation in the field of taxation in relation to presence requests<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-44\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Implementation_of_Council_Directive_EU_2021514_of_22_March_2021_amending_Directive_201116EU_on_administrative_cooperation_in_the_field_of_taxation_in_relation_to_joint_audits\" title=\"Implementation of Council Directive (EU) 2021\/514 of 22 March 2021 amending Directive 2011\/16\/EU on administrative cooperation in the field of taxation in relation to joint audits.\">Implementation of Council Directive (EU) 2021\/514 of 22 March 2021 amending Directive 2011\/16\/EU on administrative cooperation in the field of taxation in relation to joint audits.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-45\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Assessments_ss_918-931\" title=\"Assessments (ss. 918-931)\">Assessments (ss. 918-931)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-46\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Chapter_1_Income_tax_and_corporation_tax_ss_918-928\" title=\"Chapter 1 Income tax and corporation tax (ss. 918-928)\">Chapter 1 Income tax and corporation tax (ss. 918-928)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-47\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Self_Assessment_ss_950-959\" title=\"Self Assessment (ss. 950-959)\">Self Assessment (ss. 950-959)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-48\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Assessing_Rules_Including_Rules_for_Self_Assessment_ss_959A-959AW\" title=\"Assessing Rules Including Rules for Self Assessment (ss. 959A-959AW)\">Assessing Rules Including Rules for Self Assessment (ss. 959A-959AW)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-49\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Chapter_1_Interpretation_Part_41A_ss_959A-959B\" title=\"Chapter 1 Interpretation (Part 41A) (ss. 959A-959B)\">Chapter 1 Interpretation (Part 41A) (ss. 959A-959B)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-50\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Interpretation\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-51\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Supplemental_interpretation_provisions\" title=\"Supplemental interpretation provisions.\">Supplemental interpretation provisions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-52\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Assessments_General_Rules_ss_959C-959H\" title=\"Assessments: General Rules (ss. 959C-959H)\">Assessments: General Rules (ss. 959C-959H)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-53\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Making_of_assessments_general_rules\" title=\"Making of assessments: general rules.\">Making of assessments: general rules.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-54\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Record_of_assessments_and_generation_of_notices_by_electronic_means\" title=\"Record of assessments and generation of notices by electronic means.\">Record of assessments and generation of notices by electronic means.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-55\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Notice_of_assessment_by_Revenue_officer\" title=\"Notice of assessment by Revenue officer.\">Notice of assessment by Revenue officer.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-56\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Double_assessment\" title=\"Double assessment.\">Double assessment.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-57\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Transmission_to_Collector-General_of_particulars_of_sums_to_be_collected\" title=\"Transmission to Collector-General of particulars of sums to be collected.\">Transmission to Collector-General of particulars of sums to be collected.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-58\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Amended_assessment_and_notice_of_amended_assessment\" title=\"Amended assessment and notice of amended assessment.\">Amended assessment and notice of amended assessment.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-59\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Requirements_for_returns_for_income_tax_and_capital_gains_tax_purposes\" title=\"Requirements for returns for income tax and capital gains tax purposes.\">Requirements for returns for income tax and capital gains tax purposes.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-60\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Requirements_for_returns_for_corporation_tax_purposes\" title=\"Requirements for returns for corporation tax purposes.\">Requirements for returns for corporation tax purposes.<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-61\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Delivery_of_return_by_person_acting_under_authority\" title=\"Delivery of return by person acting under authority.\">Delivery of return by person acting under authority.<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-62\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Delivery_of_return_by_precedent_partner\" title=\"Delivery of return by precedent partner.\">Delivery of return by precedent partner.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-63\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Exclusion_from_obligation_to_deliver_a_return\" title=\"Exclusion from obligation to deliver a return.\">Exclusion from obligation to deliver a return.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-64\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Failure_to_deliver_a_return\" title=\"Failure to deliver a return.\">Failure to deliver a return.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-65\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Expression_of_doubt\" title=\"Expression of doubt.\">Expression of doubt.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-66\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Miscellaneous_Chapter_3\" title=\"Miscellaneous (Chapter 3).\">Miscellaneous (Chapter 3).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-67\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Chargeable_Persons_Self_Assessments_ss_959R-959X\" title=\"Chargeable Persons: Self Assessments (ss. 959R-959X)\">Chargeable Persons: Self Assessments (ss. 959R-959X)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-68\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Inclusion_of_self_assessment_in_return\" title=\"Inclusion of self assessment in return.\">Inclusion of self assessment in return.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-69\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Option_for_self_assessment_to_be_made_by_Revenue\" title=\"Option for self assessment to be made by Revenue.\">Option for self assessment to be made by Revenue.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-70\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Self_assessment_by_person_acting_under_authority\" title=\"Self assessment by person acting under authority.\">Self assessment by person acting under authority.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-71\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Self_assessment_by_Revenue_officer_in_relation_to_chargeable_person\" title=\"Self assessment by Revenue officer in relation to chargeable person.\">Self assessment by Revenue officer in relation to chargeable person.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-72\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Amendment_by_chargeable_person_of_return_and_of_self_assessment_in_return\" title=\"Amendment by chargeable person of return and of self assessment in return.\">Amendment by chargeable person of return and of self assessment in return.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-73\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Making_of_self_assessment_in_accordance_with_return\" title=\"Making of self assessment in accordance with return.\">Making of self assessment in accordance with return.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-74\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Penalty_for_failure_to_make_or_amend_self_assessment\" title=\"Penalty for failure to make or amend self assessment.\">Penalty for failure to make or amend self assessment.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-75\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Revenue_Assessments_and_Enquiries_and_Related_Time_Limits_ss_959Y-959AE\" title=\"Revenue Assessments and Enquiries and Related Time Limits (ss. 959Y-959AE)\">Revenue Assessments and Enquiries and Related Time Limits (ss. 959Y-959AE)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-76\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Chargeable_persons_and_other_persons_assessment_made_or_amended_by_Revenue_officer\" title=\"Chargeable persons and other persons: assessment made or amended by Revenue officer.\">Chargeable persons and other persons: assessment made or amended by Revenue officer.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-77\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Right_of_Revenue_officer_to_make_enquiries\" title=\"Right of Revenue officer to make enquiries.\">Right of Revenue officer to make enquiries.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-78\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Chargeable_persons_time_limit_on_assessment_made_or_amended_by_Revenue_officer\" title=\"Chargeable persons: time limit on assessment made or amended by Revenue officer.\">Chargeable persons: time limit on assessment made or amended by Revenue officer.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-79\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Persons_other_than_chargeable_persons_time_limit_on_Revenue_assessment_and_amended_assessment\" title=\"Persons other than chargeable persons: time limit on Revenue assessment and amended assessment.\">Persons other than chargeable persons: time limit on Revenue assessment and amended assessment.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-80\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Chargeable_persons_Revenue_assessment_and_amendment_of_assessments_in_absence_of_return_etc\" title=\"Chargeable persons: Revenue assessment and amendment of assessments in absence of return, etc.\">Chargeable persons: Revenue assessment and amendment of assessments in absence of return, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-81\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Chargeable_persons_and_other_persons_Revenue_assessment_and_amendment_of_assessments_where_there_is_fraud_or_neglect\" title=\"Chargeable persons and other persons: Revenue assessment and amendment of assessments where there is fraud or neglect.\">Chargeable persons and other persons: Revenue assessment and amendment of assessments where there is fraud or neglect.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-82\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Appeals_in_relation_to_assessments\" title=\"Appeals in relation to assessments.\">Appeals in relation to assessments.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-83\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Chargeable_persons_no_appeal_against_self_assessment\" title=\"Chargeable persons: no appeal against self assessment.\">Chargeable persons: no appeal against self assessment.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-84\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Chargeable_persons_requirement_to_submit_return_and_pay_tax\" title=\"Chargeable persons: requirement to submit return and pay tax.\">Chargeable persons: requirement to submit return and pay tax.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-85\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Chargeable_persons_and_other_persons_no_appeal_against_agreed_amounts\" title=\"Chargeable persons and other persons: no appeal against agreed amounts.\">Chargeable persons and other persons: no appeal against agreed amounts.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-86\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Appeals_against_time_limits_for_making_enquiries_and_taking_actions\" title=\"Appeals against time limits for making enquiries and taking actions.\">Appeals against time limits for making enquiries and taking actions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-87\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Persons_other_than_chargeable_persons_other_rules\" title=\"Persons other than chargeable persons: other rules.\">Persons other than chargeable persons: other rules.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-88\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Chargeable_Persons_Preliminary_Tax_and_Dates_for_Payment_of_Tax_ss_959AM-959AV\" title=\"Chargeable Persons: Preliminary Tax and Dates for Payment of Tax (ss. 959AM-959AV)\">Chargeable Persons: Preliminary Tax and Dates for Payment of Tax (ss. 959AM-959AV)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-89\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Interpretation_and_miscellaneous_Chapter_7\" title=\"Interpretation and miscellaneous (Chapter 7).\">Interpretation and miscellaneous (Chapter 7).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-90\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Obligation_to_pay_preliminary_tax\" title=\"Obligation to pay preliminary tax.\">Obligation to pay preliminary tax.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-91\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Date_for_payment_of_income_tax\" title=\"Date for payment of income tax.\">Date for payment of income tax.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-92\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Payment_of_preliminary_tax_by_direct_debit\" title=\"Payment of preliminary tax by direct debit.\">Payment of preliminary tax by direct debit.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-93\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Date_for_payment_of_capital_gains_tax\" title=\"Date for payment of capital gains tax.\">Date for payment of capital gains tax.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-94\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Date_for_payment_of_corporation_tax_companies_with_relevant_accounting_periods\" title=\"Date for payment of corporation tax: companies with relevant accounting periods.\">Date for payment of corporation tax: companies with relevant accounting periods.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-95\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Date_for_payment_of_corporation_tax_groups\" title=\"Date for payment of corporation tax: groups.\">Date for payment of corporation tax: groups.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-96\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Date_for_payment_of_tax_amended_assessments\" title=\"Date for payment of tax: amended assessments.\">Date for payment of tax: amended assessments.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-97\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Date_for_payment_of_tax_determination_of_an_appeal\" title=\"Date for payment of tax: determination of an appeal.\">Date for payment of tax: determination of an appeal.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-98\" href=\"https:\/\/legalblog.ie\/tax-administration\/2\/#Mutual_agreement_procedures\" title=\"Mutual agreement procedures.\">Mutual agreement procedures.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Administration\"><\/span>Administration<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Businesses are obliged to keep and retain records and information relevant to the tax liabilities. They are also obliged to keep and retain linking documents. These are the records which link the primary accounting records to the final accounts.<\/p>\n<p>The Revenue has significant powers to enter premises to inspect documents and records relevant to tax liability. It can inspect both written and electronic documents. It can remove and\/or copy documents. The Revenue may use all information and documents to which they have access for the purpose of making tax assessments.<\/p>\n<p>Tax advisors, auditors and certain other persons who obtain information that a company has committed a revenue offence are obliged to notify the company in writing of the offence and require that it notify the Revenue Commissioners. If this is not done, the relevant person must cease to act for the company and must not do so for at least three years. Failure to do so is an offence.<\/p>\n<p>There are agreements between the taxation authorities in various countries relating to the exchange of information. Double taxation agreements deal with the exchange of information between the taxation authorities, as well as double taxation. EU legislation requires member states to exchange information relating to the assessment of certain tax liabilities.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Assessement_Collection\"><\/span>Assessement &amp; Collection<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The systems of tax assessment and collection rest primarily on self-assessment and payment of the relevant liability. Individuals and businesses have legal obligations in respect of tax assessment and payment.<\/p>\n<p>The Revenue may make assessments pre-emptively or where they disagree with the taxpayer\u2019s self-assessment. They actively monitor and pursue compliance through desk and field audits.<\/p>\n<p>Failure to comply with tax obligations is a criminal offence. There are numerous obligations, breaches of which constitute offences of varying degrees of potential punishment and penalty. Apart from criminal sanctions, the Revenue charges a penal rate of interest and civil penalties on unpaid and underpaid taxes.<\/p>\n<p>Interest is charged at a specified rate per day on arrears of tax. The level of penalties is often negotiated in the context of settlements following Revenue audits.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Self-assessment\"><\/span>Self-assessment<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Any person or company which is subject to income, corporation or capital gains tax for a\u00a0 tax period (calendar year) must make a self-assessment tax return. There is an exception to the obligation where an individual\u2019s income is entirely assessed and taxed by his employer through the PAYE system. The PAYE exclusion does not apply to company directors except for directors of certain non-trading companies.<\/p>\n<p>It is preferable to make a return, even if exempt, so as to ensure that all allowances and credits have been claimed and so that any overpayments are repaid. The obligation to make a self-assessment tax return arises without notice or assessment issued from the Revenue.<\/p>\n<p>In practice, the Revenue issues self-assessment forms to prompt returns. They also issue assessments where they believe there is a liability that is not being declared. They may issue an assessment or an amended assessment on foot of a return of income.<\/p>\n<p>The Finance Act 2011 imposes a penalty of \u20ac3,000 on a person who makes a false claim or assists in making a false claim.\u00a0 Tax wrongly refunded may be recovered from the beneficiary\/recipient. The penalty applies to the claimants and agents.<\/p>\n<p>Where there has been any incorrect claim for an allowance, credit deduction relief or repayment, income tax contained in an assessment other than an assessment on a chargeable person or in relation to a balancing statement is due on 1st\u00a0 July in the year of assessment or 1st January on the following year.<\/p>\n<p>Revenue may determine the tax due and make a determination.\u00a0 An aggrieved person may appeal. Revenue may raise assessment pursuant to determination, there being an appeal against such an assessment.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Assessment_Time_Limits\"><\/span>Assessment Time Limits<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Assessments by Revenue must be made within four years of the end of the relevant tax period. An assessment will only be raised where the self-assessment is not made or is not accepted.<\/p>\n<p>This is provided that a return has been made by the taxpayer, giving a full disclosure of relevant liabilities. If this is not the case, then an assessment may be made at any time whatsoever.\u00a0 There is no time limit where there has been a failure to disclose the full facts or where there has been fraud.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Returns\"><\/span>Returns<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Returns may be made personally or by a tax adviser or agent. \u00a0Spouses may male joint returns, effectively being treated as one person, subject to certain conditions.<\/p>\n<p>The tax year is the calendar year. The tax liabilities are assessed with reference to income or gains in the year. An individual\u2019s tax return must be made by 31st October in the year following the year to which the return relates.<\/p>\n<p>The due date for income tax under assessments made on employees or other persons not chargeable to make a return is 30th September instead of 31st October.\u00a0 \u00a0These provisions may apply where a person makes a claim for excess credits or reliefs who is not otherwise obliged to make a return.\u00a0 This may apply for example to a PAYE payer.<\/p>\n<p>In the case of a company, the return must be made by the 21<sup>st<\/sup> day of the ninth month of the accounting period, with reference to which the company is taxed. This includes the further grace period for electronic filing.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Form_of_Return\"><\/span>Form of Return<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Revenue facilitates and encourages electronic filing of tax returns. The person making the return must be Revenue approved and comply with certain requirements. The Revenue has the power to require electronic returns. In most cases, an electronic return is now mandatory.<\/p>\n<p>Where returns are made electronically, there is an extension to the date for filing that otherwise applies. For example, the 31st October date is usually extended for a further two weeks in the case of electronic filing.<\/p>\n<p>The tax return must contain the information required by Revenue Commissioners. There is a standard printed form of the tax return. Electronic returns are strongly encouraged. Extra time is allowed for an electronic filing. Electronic filing is likely to become increasingly compulsory.<\/p>\n<p>In the case of a partnership, the so-called precedent partner is required to make a partnership return in addition to his or her individual return. There are rules for determining who is a precedent partner.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Incomplete_Returns\"><\/span>Incomplete Returns<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where a tax return is made late, certain tax reliefs, including capital allowances, losses and other reliefs and other allowances, are restricted. If the return is less than two months late, the allowances and losses are restricted to 75% of the otherwise allowable amount or the maximum restriction. The maximum restriction is \u20ac31,730. In the case of a return of more than two months, the allowances and losses are restricted to 50% or the maximum restriction of \u20ac158,715.<\/p>\n<p>A return may be treated as incomplete if it fails to contain the requisite information relevant to the reliefs and allowance in question. In this case, the relevant date is treated as the date of filing a correct return if the matter is not dealt with within a reasonable time of the matter being brought to the taxpayer\u2019s attention.<\/p>\n<p>There are penalties for failure to make returns or for making incomplete or incorrect returns. Penalties are in addition to sums charged as tax and interest. Revenue imposes \u201ccivil\u201d penalties without a court order or conviction.<\/p>\n<p>More serious offences may be prosecuted in court. Serious revenue offences are subject to a fine of up to \u20ac12,695 and five years imprisonment.\u00a0 It is also an offence to facilitate serious tax evasion.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Appeals\"><\/span>Appeals<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An appeal can be made against an assessment. However, the assessed tax liability must generally be paid. The grounds of appeal must be set out and outstanding returns must generally be delivered.<\/p>\n<p>Appeals on the specified grounds may be made against assessments raised in the case of failure to deliver unsatisfactory returns only if the return is deliberate and the amount paid on the assessment is at least equal to the liability.\u00a0 If the assessment was based on part recurrence, but<\/p>\n<p>There is no appeal against a notice of preliminary tax or against items based on accepted details or agreed points.<\/p>\n<p>In the case of a failure to deliver returns or satisfactory returns, an appeal may be made only once the return is delivered, and the amount of outstanding tax on foot of the assessment at least equal to the liability, or the assessment was based on the return. Where an assessment is made before that date for preliminary tax, it is due on the date for preliminary.<\/p>\n<p>Where a preliminary tax has been paid, the balance is payable in the case of companies one month from the date of assessment on the return filing date for accounting periods and for income-tax workers returned to be delivered to buy a first October provided the amount or provided the final liability over the amount paid by 31st of October is no greater than \u20ac635 \u00a0and 5% of tax payable or \u20ac3175 if less. The extra tax is due and payable by the 31st of December.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Required_Records\"><\/span>Required Records<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Revenue may require a person to deliver a statement of assets and liabilities. They may see accounts and records. It may seek proof and evidence of income.<\/p>\n<p>The Revenue can obtain information from certain third parties by serving notices. There is an exception concerning confidential, privileged information held by professional advisers. There are special powers to obtain information from banks and insurance companies.<\/p>\n<p>Revenue can require information relevant to the tax liability out of the taxpayer being investigated. If information is not furnished voluntarily, the Revenues can apply to the court to compel the production of the information. More extensive powers require court approval.<\/p>\n<p>Requirements can be made from any trader in relation to payments made to persons other than employees for services rendered. Returns can also be required of representatives, nominees, and trustees. Businesses that make payments over a certain value to third parties and representatives, nominees and trustees are obliged to make certain returns automatically as part of their tax returns.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Third-Party_Returns\"><\/span>Third-Party Returns<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The following parties must make returns in respect of monies paid to third parties and may have an obligation to withhold tax and pay it as part of their return<\/p>\n<ul>\n<li>nominee holders of shares and equivalent instruments ;<\/li>\n<li>persons paying interest to non-residents;<\/li>\n<li>certain intermediaries who receive payments on behalf of others;<\/li>\n<li>trustees and nominees;<\/li>\n<li>managing agents.<\/li>\n<\/ul>\n<p>The return must be made by 31st\u00a0 October following the relevant year for individuals.\u00a0 Revenue may exclude certain persons from the obligation to make the return. Revenue has issued a statement practice regarding the extent to which the information is required to be returned automatically.<\/p>\n<p><!--nextpage--><\/p>\n<h2>TAXES CONSOLIDATION ACT<\/h2>\n<p>Part 38<\/p>\n<h4>Returns of income and gains, other obligations and returns, and revenue powers (ss. 876-917N)<\/h4>\n<p>Chapter 1<\/p>\n<p>Income tax: returns of income (ss. 876-881)<\/p>\n<p>876.<\/p>\n<h4>Notice of liability to income tax.<\/h4>\n<p>Every person who is chargeable to income tax for any year of assessment and who in relation to that year has not been given a notice under section 877 or 879 and has not made a return of such person&#8217;s total income shall, not later than one year after the end of the year of assessment, give notice to the inspector of taxes that such person is so chargeable.<\/p>\n<p>877.<\/p>\n<h4>Returns by persons chargeable.<\/h4>\n<p>(1)Every person chargeable under the Income Tax Acts, when required to do so by a notice given to such person by an inspector, shall, within the time limited by such notice, prepare and deliver to the inspector a statement in writing as required by the Income Tax Acts, signed by such person, containing the amount of the profits or gains arising to such person, from each and every source chargeable according to the respective schedules, estimated for the period specified in the notice and according to the Income Tax Acts.<\/p>\n<p>(2)[deleted]<\/p>\n<p>(3)There shall be added to the statement referred to in subsection (1) a declaration that the amounts contained in that statement are estimated in respect of all the sources of income mentioned in the Income Tax Acts, describing those sources, after deducting only such sums as are allowed.<\/p>\n<p>(4)Every such statement shall be made exclusive of any interest of money or other annual payment arising out of the property of any other person charged in respect of that interest of money or other annual payment.<\/p>\n<p>(5)<\/p>\n<p>(a)Every person to whom a notice has been given by an inspector requiring such person to deliver a statement of any profits, gains or income in respect of which such person is chargeable under Schedule D or E shall deliver a statement in the form required by the notice, whether or not such person is so chargeable.<\/p>\n<p>(b)The penalty imposed on any person proceeded against for not complying with this subsection who proves that such person was not chargeable to income tax shall not exceed \u20ac5 for any one offence.<\/p>\n<p>878.<\/p>\n<h4>Persons acting for incapacitated persons and non-residents.<\/h4>\n<p>(1)Every person (in this subsection referred to as &#8220;the first-mentioned person&#8221;) acting in any character on behalf of any incapacitated person or person not resident in the State who, by reason of such incapacity or non-residence in the State, may not be personally charged under the Income Tax Acts shall, whenever required to do so by a notice given to the first-mentioned person by an inspector, within the time permitted by such notice and in any district or branch in which the first-mentioned person may be chargeable on the first-mentioned person&#8217;s own account, deliver a statement described in section 877 of the profits or gains in respect of which income tax is to be charged on the first-mentioned person on account of that other person, together with the prescribed declaration.<\/p>\n<p>(2)Where 2 or more such persons are liable to be charged for the same person &#8211;<\/p>\n<p>(a)one statement only shall be required to be delivered which may be made by them jointly or by any one or more of them, and<\/p>\n<p>(b)notice in writing may be given by any such persons to the inspector for each district or branch in which they are called on for a statement stating in which district, districts, branch or branches they are respectively chargeable on their own account, and in which of those districts or branches they desire to be charged on behalf of the person for whom they act, and they shall, if any one such person is liable to be charged on such person&#8217;s own account in that district or branch, be charged in that district or branch accordingly by one assessment.<\/p>\n<p>879.<\/p>\n<h4>Returns of income.<\/h4>\n<p>(1)In this section, &#8220;prescribed&#8221; means prescribed by the Revenue Commissioners and, in prescribing forms for the purposes of this section, the Revenue Commissioners shall have regard to the desirability of securing in so far as may be possible that no individual shall be required to make more than one return annually of the sources of the individual&#8217;s income and the amounts derived from those sources.<\/p>\n<p>(2)Every individual, when required to do so by a notice given to him or her in relation to any year of assessment by an inspector, shall within the time limited by the notice prepare and deliver to the inspector a return in the prescribed form of &#8211;<\/p>\n<p>(a)all the sources of his or her income for the year of assessment in relation to which the notice is given;<\/p>\n<p>(b)the amount of income from each source for the year of assessment computed in accordance with subsection (3);<\/p>\n<p>(c)such information, accounts, statements, and further particulars for the purposes of income tax for the year of assessment as may be required by the notice or indicated by the prescribed form.<\/p>\n<p>(3)The amount of income from any source to be included in a return under this section shall be computed in accordance with the Income Tax Acts; but where under Chapter 3 of Part 4 the profits or gains (or, as respects the year of assessment 2001, 74 per cent of the profits or gains) of a particular 12 month period are to be taken to be the profits or gains of a year of assessment, the computation shall be made by reference to that period.<\/p>\n<p>(4)Where a person delivers to any inspector a return in a prescribed form, the person shall be deemed to have been required by a notice under this section to prepare and deliver that return.<\/p>\n<p>880.<\/p>\n<h4>Partnership returns.<\/h4>\n<p>(1)In this section &#8211;<\/p>\n<p>&#8220;precedent partner&#8221; has the same meaning as in Part 43;<\/p>\n<p>&#8220;prescribed&#8221; means prescribed by the Revenue Commissioners.<\/p>\n<p>(2)The precedent partner of any partnership, when required to do so by a notice given to that partner in relation to any year of assessment by an inspector, shall within the time limited by the notice prepare and deliver to the inspector a return in the prescribed form of &#8211;<\/p>\n<p>(a)all the sources of income of the partnership for the year of assessment in relation to which the notice is given;<\/p>\n<p>(b)the amount of income from each source for the year of assessment computed in accordance with subsection (3);<\/p>\n<p>(c)such information, accounts, statements, and further particulars for the purposes of income tax for the year of assessment as may be required by the notice or indicated by the prescribed form.<\/p>\n<p>(3)The amount of income from any source to be included in a return under this section shall be computed in accordance with the Income Tax Acts; but where, in the case of a trade or profession, an account has been made up to a date within the year of assessment or more accounts than one have been made up to dates within that year, the computation shall be made by reference to the period, or to all the periods where there is more than one period, for which accounts have been so made up.<\/p>\n<p>(3A)For the purposes of subsection (3), an account made up for a period of one year to a date falling in the period from 1 January 2002 to 5 April 2002 shall, in addition to being an account made up to a date in the year of assessment 2002, be deemed to be an account made up to a date within the year of assessment 2001.<\/p>\n<p>(4)Where a person delivers to any inspector a return in a prescribed form, the person shall be deemed to have been required by a notice under this section to prepare and deliver that return.<\/p>\n<p>(5)The precedent partner of any partnership, when required to do so by a notice given to that partner by an inspector, shall within the time limited by such notice prepare and deliver to the inspector a statement in writing signed by that partner stating the amount of the profits or gains arising to the partnership from each and every source chargeable according to the respective schedules, estimated for the period specified in the notice and according to the Income Tax Acts.<\/p>\n<p>(6)There shall be added to the statement referred to in subsection (5) a declaration that the amounts contained in that statement are estimated in respect of all the sources of income mentioned in the Income Tax Acts, describing those sources, after deducting only such sums as are allowed.<\/p>\n<p>881.<\/p>\n<h4>Returns by married persons.<\/h4>\n<p>(1)Where an individual is required by a notice given under section 877 to deliver a statement in writing of the total income in respect of which the individual is chargeable to income tax and that income is or includes income of his or her spouse or civil partner, the individual may, within 21 days from the date of the receipt of the notice, notify the inspector by whom the notice was given that the income in respect of which the individual is chargeable to income tax is or includes income of his or her spouse or civil partner.<\/p>\n<p>(2)Where an inspector receives a notification under subsection (1) or is of the opinion that the spouse or civil partner of the individual concerned is in receipt of income, the inspector may by notice given to the individual&#8217;s spouse or civil partner require him or her to prepare and deliver to the inspector, within the time limited by the notice and in the form required by the notice, a statement in writing signed by him or her, setting out the amount of income arising to him or her from each and every source chargeable according to the respective schedules, estimated for the period specified in the notice and according to the Income Tax Acts, whether or not the individual&#8217;s spouse or civil partner or the individual concerned is the person chargeable to income tax in respect of that income.<\/p>\n<p>(3)The delivery of a statement under subsection (2) shall not affect Chapter 1 of Part 44 or Chapter 1 of Part 44A, as the case may be.<\/p>\n<p>Chapter 2<\/p>\n<p>Corporation tax: returns of profits (ss. 882-884)<\/p>\n<p>882.<\/p>\n<h4>Particulars to be supplied by new companies.<\/h4>\n<p>(1)<\/p>\n<p>(a)In this section &#8211;<\/p>\n<p>&#8220;secretary&#8221; includes persons mentioned in section 1044(2) and, in the case of a company not resident in the State, the agent, manager, factor or other representative of the company;<\/p>\n<p>&#8220;settlor&#8221; and &#8220;settlement&#8221; have the same meanings as in section 10;<\/p>\n<p>&#8220;tax&#8221;, in relation to a territory other than the State, means any tax imposed in that territory which corresponds to income tax or corporation tax;<\/p>\n<p>&#8220;ultimate beneficial owners&#8221;, in relation to a company, means &#8211;<\/p>\n<p>(i)the individual or individuals who have control of the company, or<\/p>\n<p>(ii)where a person, whether alone or together with other persons, who controls the company controls it in the capacity as the trustee of a settlement, any person who in relation to the settlement &#8211;<\/p>\n<p>(I)is a settlor, or<\/p>\n<p>(II)is, or can under any scheme or arrangement reasonably expect to become, a beneficiary under the settlement, or<\/p>\n<p>(III)where such settlor or beneficiary, as the case may be, is a company, the ultimate beneficial owners of that company.<\/p>\n<p>(b)For the purposes of this section, control shall be construed in accordance with section 432.<\/p>\n<p>(2)Every company which is incorporated in the State or which commences to carry on a trade, profession or business in the State shall, in every case within 30 days of &#8211;<\/p>\n<p>(a)the date on which it commences to carry on a trade, profession or business, wherever carried on,<\/p>\n<p>(b)the date at which there is a material change in information previously delivered by the company under this section, and<\/p>\n<p>(c)the giving of a notice to the company by an inspector requiring a statement under this section,<\/p>\n<p>deliver to the Revenue Commissioners a statement in writing containing particulars of &#8211;<\/p>\n<p>(i)in the case of every company &#8211;<\/p>\n<p>(I)the name of the company,<\/p>\n<p>(II)the address of the company&#8217;s registered office,<\/p>\n<p>(III)the address of its principal place of business,<\/p>\n<p>(IV)the name and address of the secretary of the company,<\/p>\n<p>(V)the date of commencement of the trade, profession or business,<\/p>\n<p>(VI)the nature of the trade, profession or business,<\/p>\n<p>(VII)the date up to which accounts relating to such trade, profession or business will be made up, and<\/p>\n<p>(VIII)such other information as the Revenue Commissioners consider necessary for the purposes of the Tax Acts;<\/p>\n<p>(ii)in the case of a company which is incorporated, but not resident, in the State &#8211;<\/p>\n<p>(I)the name of the territory in which the company is, by virtue of the law of that territory, resident for tax purposes,<\/p>\n<p>(II)[deleted]<\/p>\n<p>(III)[deleted]<\/p>\n<p>and<\/p>\n<p>(iii)in the case of a company which is neither incorporated in the State nor resident in the State but which carries on a trade, profession or business in the State &#8211;<\/p>\n<p>(I)the address of the company&#8217;s principal place of business in the State,<\/p>\n<p>(II)the name and address of the agent, manager, factor or other representative of the company, and<\/p>\n<p>(III)the date of commencement of the company&#8217;s trade, profession or business in the State.<\/p>\n<p>(3)Where a company fails to deliver a statement which it is required to deliver under this section, then, notwithstanding any obligations as to secrecy or other restriction upon disclosure of information imposed by or under any statute or otherwise &#8211;<\/p>\n<p>(a)the Revenue Commissioners, or<\/p>\n<p>(b)such officer of the Revenue Commissioners as is nominated by the Commissioners for the purposes of this section,<\/p>\n<p>may give a notice in writing, or in such other form as the Revenue Commissioners may decide, to the registrar of companies (within the meaning of the Companies Act 2014 ) stating that the company has so failed to deliver a statement under this section.<\/p>\n<p>883.<\/p>\n<h4>Notice of liability to corporation tax.<\/h4>\n<p>Every company which is chargeable to corporation tax for any accounting period and which has not made a return of its profits for that accounting period shall, not later than one year after the end of that accounting period, give notice to the inspector that it is so chargeable.<\/p>\n<p>884.<\/p>\n<h4>Returns of profits.<\/h4>\n<p>(1)In this section, &#8220;return&#8221; includes any statement, declaration or list.<\/p>\n<p>(2)A company may be required by a notice served on it by an inspector or other officer of the Revenue Commissioners to deliver to the officer within the time limited by the notice a return of &#8211;<\/p>\n<p>(a)the profits of the company computed in accordance with the Corporation Tax Acts &#8211;<\/p>\n<p>(i)specifying the income taken into account in computing those profits, with the amount from each source,<\/p>\n<p>(ii)giving particulars of all disposals giving rise to chargeable gains or allowable losses under the Capital Gains Tax Acts and the Corporation Tax Acts and particulars of those chargeable gains or allowable losses, and<\/p>\n<p>(iii)giving particulars of all charges on income to be deducted against those profits for the purpose of the assessment to corporation tax, other than those included in paragraph (d),<\/p>\n<p>(aa)such information, accounts, statements, reports and further particulars &#8211;<\/p>\n<p>(i)relevant to the tax liability of the company, or<\/p>\n<p>(ii)otherwise relevant to the application of the Corporation Tax Acts to the company, as may be required by the notice or specified in the prescribed form in respect of the return,<\/p>\n<p>(b)the distributions received by the company from companies resident in the State,<\/p>\n<p>(c)[deleted]<\/p>\n<p>(d)payments made from which income tax is deductible and to which subsections (3) to (5) of section 238 apply, and<\/p>\n<p>(e)all amounts which under section 438 are deemed to be annual payments.<\/p>\n<p>(2A)The authority under subsection (2) to require the delivery of accounts as part of a return is limited to such accounts, as, together with such documents as may be annexed thereto and such further information, statements, reports or further particulars as may be required by the notice referred to in subsection (2) or specified in the prescribed form in respect of the return, contain sufficient information to enable the chargeable profits of the company to be determined.<\/p>\n<p>(2B)[deleted]<\/p>\n<p>(3)An event which, apart from section 584(3) as applied by section 586 or 587, would constitute the disposal of an asset giving rise to a chargeable gain or an allowable loss under the Capital Gains Tax Acts and the Corporation Tax Acts shall for the purposes of this section constitute such a disposal.<\/p>\n<p>(4)A notice under this section may require a return of profits arising in any period during which the company was within the charge to corporation tax, together with particulars of distributions received in that period from companies resident in the State.<\/p>\n<p>(5)Every return under this section shall include a declaration to the effect that the return is correct and complete.<\/p>\n<p>(6)A return under this section which includes profits which are payments on which the company has borne income tax by deduction shall specify the amount of income tax so borne.<\/p>\n<p>(7)A notice under this section may require the inclusion in the return of particulars of management expenses, capital allowances and balancing charges which have been taken into account in determining the profits included in the return.<\/p>\n<p>(8)Subsections (3), (4) and (5)(b) of section 913 shall apply in relation to a notice under this section as they apply in relation to a notice under any provision of the Income Tax Acts applied in relation to capital gains tax by section 913.<\/p>\n<p>(9)<\/p>\n<p>(a)In this subsection, &#8220;authorised officer&#8221; means an inspector or other officer of the Revenue Commissioners authorised by them in writing to exercise the powers conferred by this subsection.<\/p>\n<p>(b)Where a company which has been duly required to deliver a return under this section fails to deliver the return, or where the inspector is not satisfied with the return delivered by any such company, an authorised officer may serve on that company a notice or notices in writing requiring the company to do any of the following &#8211;<\/p>\n<p>(i)to deliver to the inspector or to the authorised officer copies of such accounts (including balance sheets) of the company as may be specified or described in the notice, within such period as may be specified in the notice, including, where the accounts have been audited, a copy of the auditor&#8217;s certificate;<\/p>\n<p>(ii)to make available for inspection by an inspector or by an authorised officer within such time as may be specified in the notice all such books, accounts and documents in the possession or power of the company as may be specified or described in the notice, being books, accounts and documents which contain information as to profits, assets or liabilities of the company.<\/p>\n<p>(c)The inspector or authorised officer may take copies of or extracts from any books, accounts or documents made available for his or her inspection under this subsection.<\/p>\n<p>Chapter 3<\/p>\n<h4>Other obligations and returns (ss. 885-898A)<\/h4>\n<p>885.<\/p>\n<h4>Obligation to show tax reference number on receipts.<\/h4>\n<p>(1)In this section &#8211;<\/p>\n<p>&#8220;business&#8221; means &#8211;<\/p>\n<p>(a)a profession, or<\/p>\n<p>(b)a trade consisting solely of the supply (within the meaning of the Value-Added Tax Consolidation Act 2010) of a service and includes, in the case of a trade part of which consists of the supply of a service, that part, and also includes, in the case of a trade the whole or part of which consists of the supply of a service which incorporates the supply of goods in the course of the supply of that service, that trade or that part, as the case may be;<\/p>\n<p>&#8220;specified person&#8221;, in relation to a business, means &#8211;<\/p>\n<p>(a)where the business is carried on by an individual, that individual, and<\/p>\n<p>(b)where the business is carried on by a partnership, the precedent partner;<\/p>\n<p>&#8220;tax reference number&#8221;, in relation to a specified person, means each of the following &#8211;<\/p>\n<p>(a)the Personal Public Service Number (PPSN) stated on any certificate of tax credits and standard rate cut-off point issued to that person by an inspector, not being a certificate issued to an employer in respect of an employee,<\/p>\n<p>(b)the reference number stated on any return of income form or notice of assessment issued to that person by an inspector, and<\/p>\n<p>(c)the registration number of that person for the purposes of value-added tax.<\/p>\n<p>(2)For the purposes of the Tax Acts and the Capital Gains Tax Acts, the specified person in relation to a business shall ensure that the specified person&#8217;s tax reference number or, if the specified person has more than one tax reference number, one of those tax reference numbers or, if the specified person has no tax reference number, the specified person&#8217;s full names and address is or are stated on any document (being an invoice, credit note, debit note, receipt, account, statement of account, voucher or estimate relating to an amount of \u20ac7 or more) issued in the course of that business.<\/p>\n<p>886.<\/p>\n<h4>Obligation to keep certain records.<\/h4>\n<p>(1)In this section &#8211;<\/p>\n<p>&#8220;linking documents&#8221; means documents drawn up in the making up of accounts and showing details of the calculations linking the records to the accounts;<\/p>\n<p>&#8220;records&#8221; includes accounts, books of account, documents and any other data maintained manually or by any electronic, photographic or other process, relating to &#8211;<\/p>\n<p>(a)all sums of money received and expended in the course of the carrying on or exercising of a trade, profession or other activity and the matters in respect of which the receipt and expenditure take place,<\/p>\n<p>(b)all sales and purchases of goods and services where the carrying on or exercising of a trade, profession or other activity involves the purchase or sale of goods or services,<\/p>\n<p>(c)the assets and liabilities of the trade, profession or other activity referred to in paragraph (a) or (b), and<\/p>\n<p>(d)all transactions which constitute an acquisition or disposal of an asset for capital gains tax purposes.<\/p>\n<p>(2)<\/p>\n<p>(a)Every person who &#8211;<\/p>\n<p>(i)on that person&#8217;s own behalf or on behalf of any other person, carries on or exercises any trade, profession or other activity the profits or gains of which are chargeable under Schedule D,<\/p>\n<p>(ii)is chargeable to tax under Schedule D or F in respect of any other source of income, or<\/p>\n<p>(iii)is chargeable to capital gains tax in respect of chargeable gains,<\/p>\n<p>shall keep, or cause to be kept on that person&#8217;s behalf, such records as will enable true returns to be made for the purposes of income tax, corporation tax and capital gains tax of such profits or gains or chargeable gains.<\/p>\n<p>(aa)Without prejudice to the generality of paragraph (a) and subsection (4) &#8211;<\/p>\n<p>(i)the records shall include records and linking documents relating to any allowance, deduction, relief or credit (referred to in this paragraph as a &#8216;relevant amount&#8217;) taken into account in computing the amount of tax payable (within the meaning of section 959A), for the year of assessment or accounting period concerned,<\/p>\n<p>(ii)the transactions, acts or operations giving rise to a relevant amount shall, for the purposes of subsection (4)(a)(i), be treated as transactions, acts or operations that were completed at the end of the year of assessment or accounting period for which a relevant amount is taken into account in computing the amount of tax payable (within the meaning aforesaid) for the year of assessment or accounting period concerned, and<\/p>\n<p>(iii)the transactions, acts or operations giving rise to a relevant amount shall, for the purposes of subsection (4)(a)(ii), be treated as transactions, acts or operations that were completed at the end of the year of assessment or accounting period in which the return, in which the relevant amount is taken into account in computing the amount of tax payable (within the meaning aforesaid), has been delivered.<\/p>\n<p>(b)The records shall be kept on a continuous and consistent basis, that is, the entries in the records shall be made in a timely manner and be consistent from one year to the next.<\/p>\n<p>(c)Where accounts are made up to show the profits or gains from any such trade, profession or activity, or in relation to a source of income, of any person, that person shall retain, or cause to be retained on that person&#8217;s behalf, linking documents.<\/p>\n<p>(d)Where any such trade, profession or other activity is carried on in partnership, the precedent partner (within the meaning of section 1007) shall for the purposes of this section be deemed to be the person carrying on that trade, profession or other activity.<\/p>\n<p>(3)Records required to be kept or retained by virtue of this section shall be kept &#8211;<\/p>\n<p>(a)in written form in an official language of the State, or<\/p>\n<p>(b)subject to section 887(2), by means of any electronic, photographic or other process.<\/p>\n<p>(4)<\/p>\n<p>(a)Notwithstanding any other law, linking documents and records kept in accordance with subsections (2) and (3) shall be retained by the person required to keep the records &#8211;<\/p>\n<p>(i)for a period of 6 years after the completion of the transactions, acts or operations to which they relate, or<\/p>\n<p>(ii)in the case of a person who fails to comply with Chapter 3 of Part 41A requiring the preparation and delivery of a return on or before the specified return date for a year of assessment or an accounting period, as the case may be, until the expiry of a period of 6 years from the end of the year of assessment or accounting period, as the case may be, in which a return has been delivered showing the profits or gains or chargeable gains derived from those transactions, acts or operations, or<\/p>\n<p>(iii)where the transaction, act or operation is the subject of &#8211;<\/p>\n<p>(I)an inquiry or investigation started by the Revenue Commissioners or by a Revenue officer into any matters to which this Act relates,<\/p>\n<p>(II)a claim under a provision of this Act,<\/p>\n<p>(III)proceedings relating to any matter to which this Act relates,<\/p>\n<p>linking documents and records shall be retained by the person required to keep the records for the 6 year period and until such time as &#8211;<\/p>\n<p>(A)the enquiry or investigation has been completed or the claim has been determined, and<\/p>\n<p>(B)any appeal to Appeal Commissioners in relation to that enquiry or the determination of that claim or to any other matter to which the Act relates, has become final and conclusive, and<\/p>\n<p>(C)any proceedings in relation to the outcome of the inquiry or investigation or the determination of that claim or that appeal, or to any other matter to which the Act relates, has been finally determined, and<\/p>\n<p>(D)the time limit for instituting any appeal or proceedings or any further appeal or proceedings has expired.<\/p>\n<p>(aa)Where a person to whom this section applies ceases to be a person to whom subparagraph (i), (ii) or (iii), as appropriate, of subsection (2)(a) applies, that person (or such other person on that person&#8217;s behalf) required to keep the linking documents and records shall keep or retain the linking documents and records notwithstanding that a period of 5 years has elapsed from the date of such cessation.<\/p>\n<p>(b)[deleded]<\/p>\n<p>(4A)For the purposes of this section &#8211;<\/p>\n<p>(a)where a company is wound up, the liquidator, and<\/p>\n<p>(b)where a company is dissolved without the appointment of a liquidator, the last directors, including any person occupying the position of director by whatever name called, of the company,<\/p>\n<p>shall keep or retain the linking documents and records of the company for the period specified in subparagraph (i), (ii) or (iii), as appropriate, of subsection (4)(a).<\/p>\n<p>(4B)For the purposes of this section, where a person dies the executor or administrator of that deceased person shall keep or retain the linking documents and records of that deceased person for the period specified in subparagraph (i), (ii) or (iii), as appropriate, of subsection (4)(a).<\/p>\n<p>(5)Any person who fails to comply with subsection (2), (3), (4), (4A) or (4B) in respect of any records or linking documents in relation to a return for any year of assessment or accounting period shall be liable to a penalty of \u20ac3,000; but a penalty shall not be imposed under this subsection if it is proved that no person is chargeable to tax in respect of the profits or gains for that year of assessment or accounting period, as the case may be.<\/p>\n<p>886A.<\/p>\n<h4>Retention and inspection of records in relation to claims by individuals.<\/h4>\n<p>(1)An individual who, in relation to a year of assessment, may wish to make a claim for an allowance, deduction or relief in relation to income tax shall keep and preserve all such records as may be requisite for the purpose of enabling the individual to make a correct and complete claim.<\/p>\n<p>(2)The records which an individual is required to keep and preserve in accordance with subsection (1) shall be retained by the individual for the longer of the following periods &#8211;<\/p>\n<p>(a)where enquiries into the claim or any amendment of the claim are made by an officer of the Revenue Commissioners, the period ending on the day on which those enquiries are treated as completed by the officer, and<\/p>\n<p>(b)a period of 6 years beginning at the end of the year of assessment to which the claim relates.<\/p>\n<p>(3)Subject to subsection (4), an individual who fails to comply with subsection (1) in relation to any claim which is made for a year of assessment, shall be liable to a penalty of \u20ac1,520.<\/p>\n<p>(4)Subsection (3) shall not apply where an officer of the Revenue Commissioners is satisfied that any facts which the officer reasonably requires to be proved, and which would have been proved by the records, are proved by other documentary evidence furnished to the officer.<\/p>\n<p>(5)Subject to the provisions of section 959Z, an officer of the Revenue Commissioners may enquire into &#8211;<\/p>\n<p>(a)a claim made by an individual, or<\/p>\n<p>(b)any amendment made by an individual of a claim made by the individual,<\/p>\n<p>if, within 4 years from the end of the year of assessment in which the claim, or (as the case may be) any amendment of the claim, is made, the officer gives notice of his or her intention to do so to that individual.<\/p>\n<p>(6)Where an officer of the Revenue Commissioners gives notice under subsection (5) to any individual (in this subsection referred to as the &#8216;claimant&#8217;) of his or her intention to enquire into &#8211;<\/p>\n<p>(a)a claim made by the claimant, or<\/p>\n<p>(b)any amendment made by the claimant of such a claim,<\/p>\n<p>then the officer may at the same or any subsequent time by notice in writing require the claimant, within such time (which shall not be less than 30 days) as may be specified in the notice &#8211;<\/p>\n<p>(i)to produce to the officer such documents as are in the claimant&#8217;s possession or power and as the officer may reasonably require for the purpose of determining whether and, if so, the extent to which the claim or amendment is correct, and<\/p>\n<p>(ii)to furnish the officer with such accounts or particulars as the officer may reasonably require for that purpose.<\/p>\n<p>(7)In complying with a notice under subsection (6) an individual may furnish to the officer copies of documents instead of originals, but &#8211;<\/p>\n<p>(a)the copies must be photographic or other facsimiles, and<\/p>\n<p>(b)the officer may by notice require the original to be produced for inspection.<\/p>\n<p>(8)The officer may take copies of, or make extracts from, any document produced to him or her under this section.<\/p>\n<p>887.<\/p>\n<h4>Use of electronic data processing.<\/h4>\n<p>(1)In this section &#8211;<\/p>\n<p>&#8220;the Acts&#8221; means &#8211;<\/p>\n<p>(a)the Tax Acts,<\/p>\n<p>(b)the Capital Gains Tax Acts,<\/p>\n<p>(c)the Value-Added Tax Consolidation Act 2010, and the enactments amending or extending that Act.<\/p>\n<p>(d)the Capital Acquisitions Tax Consolidation Act, 2003, and the enactments amending or extending that Act, and<\/p>\n<p>(e)Part VI of the Finance Act, 1983,<\/p>\n<p>and any instrument made under any of these enactments;<\/p>\n<p>&#8220;record&#8221; means any document which a person is obliged by the Acts to keep, to issue or to produce for inspection, and any other written or printed material.<\/p>\n<p>(2)For the purposes of the Acts, but subject to Chapter 2 of Part 9 of the Value-Added Tax Consolidation Act 2010, a record may be generated, stored, maintained, transmitted, reproduced or communicated, as the case may be, by any electronic, photographic or other process that &#8211;<\/p>\n<p>(a)provides a reliable assurance as to the integrity of the record from the time when it was first generated in its final form by such electronic, photographic or other process,<\/p>\n<p>(b)permits the record to be displayed in intelligible form and produced in an intelligible printed format,<\/p>\n<p>(c)permits the record to be readily accessible for subsequent reference in accordance with paragraph (b), and<\/p>\n<p>(d)conforms to the information technology and procedural requirements drawn up and published by the Revenue Commissioners in accordance with subsection (3).<\/p>\n<p>(3)The Revenue Commissioners shall from time to time draw up and publish in Iris Oifigi\u00fail the information technology and procedural requirements to which any electronic, photographic or other process used by a person for the storage, maintenance, transmission, reproduction and communication of any record shall conform.<\/p>\n<p>(4)The authority conferred on the Revenue Commissioners by this section to draw up and publish requirements shall be construed as including the authority exercisable in a like manner to revoke and replace or to amend any such requirements.<\/p>\n<p>(5)<\/p>\n<p>(a)Every person who preserves records by any electronic, photographic or other process, when required to do so by a notice in writing from the Revenue Commissioners, shall, within such period as is specified in the notice, not being less than 21 days from the date of service of the notice, supply to the Revenue Commissioners full particulars relating to the process used by that person, including full particulars, relating to software (within the meaning of section 912).<\/p>\n<p>(b)A person who fails or refuses to comply with a notice served on the person under paragraph (a) shall be liable to a penalty of \u20ac3,000.<\/p>\n<p>(6)<\/p>\n<p>(a)Subject to paragraph (b), where records are kept by a person (being a person who is obliged by the Acts to keep such records) by any electronic, photographic or other process which does not conform with the requirements referred to in paragraphs (a) to (d) of subsection (2), then the person shall be deemed to have failed to comply with that obligation and that person shall be liable to the same penalties as the person would be liable to if the person had failed to comply with any obligation under the Acts in relation to the keeping of records.<\/p>\n<p>(b)Paragraph (a) shall not apply where the person referred to in that paragraph complies with any obligation under the Acts in relation to the keeping of records other than in accordance with the provisions of subsection (2).<\/p>\n<p>(7)Where records are preserved by any electronic, photographic or other process, information contained in a document produced by any such process shall, subject to the rules of court, be admissible in evidence in any proceedings, whether civil or criminal, to the same extent as the records themselves.<\/p>\n<p>(8)The Revenue Commissioners may nominate any of their officers to discharge any function authorised by this section to be discharged by the Revenue Commissioners.<\/p>\n<p>888.<\/p>\n<h4>Returns, etc. by lessors, lessees and agents.<\/h4>\n<p>(1)In this section &#8211;<\/p>\n<p>&#8220;lease&#8221;, &#8220;lessee&#8221; and &#8220;rent&#8221; have the same meanings respectively as in Chapter 8 of Part 4;<\/p>\n<p>&#8220;local property tax number&#8221; means the unique identification number assigned to a residential property by the Revenue Commissioners under section 27 of the Finance (Local Property Tax) Act 2012 and &#8220;residential property&#8221; has the same meaning as in section 2 of that Act;<\/p>\n<p>&#8220;premises&#8221; means any lands, tenements or hereditaments.<\/p>\n<p>(2)For the purpose of obtaining particulars of profits or gains chargeable to tax under Case IV or V of Schedule D by virtue of Chapter 8 of Part 4 including, in the case of persons referred to in paragraph (d), of income which would be chargeable to tax under Case V of Schedule D if it had arisen in the State, the inspector may by notice in writing require &#8211;<\/p>\n<p>(a)any lessor or former lessor of premises to give, within the time limited by the notice, such information as may be specified in the notice as to the provisions of the lease, the terms subject to which the lease was granted and the payments made to or by that lessor or former lessor, as the case may be, in relation to the premises;<\/p>\n<p>(b)any lessee, occupier or former lessee or occupier of premises (including any person having or having had the use of premises) to give such information as may be specified in the notice as to the terms applying to the lease, occupation or use of the premises and, where any of those terms are established by any written instrument, to produce the instrument to the inspector for inspection;<\/p>\n<p>(c)any lessee or former lessee of premises to give such information as may be specified in the notice as to any consideration given for the grant to that lessee or former lessee, as the case may be, of the lease;<\/p>\n<p>(d)any person who as an agent manages premises or is in receipt of rent or other payments arising from premises to prepare and deliver to the inspector a return containing &#8211;<\/p>\n<p>(i)the full address of all such premises,<\/p>\n<p>(ia)the local property tax number of each such premises that is a residential property,<\/p>\n<p>(ii)the name and address of every person to whom such premises belong,<\/p>\n<p>(iia)the tax reference number of every such person,<\/p>\n<p>(iii)a statement of all rents and other such payments arising from such premises, and<\/p>\n<p>(iv)such other particulars relating to all such premises as may be specified in the notice;<\/p>\n<p>(e)any Minister of the Government who, or the Health Service Executive or any local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014) or other board or authority, or other similar body, established by or under statute which, makes any payment either in the nature of or for the purpose of rent or rent subsidy in relation to any premises to prepare and deliver to the inspector a return containing &#8211;<\/p>\n<p>(i)the full address of all such premises,<\/p>\n<p>(ia)the local property tax number of each premises that is a residential property,<\/p>\n<p>(ii)the name and address of every person to whom such premises belong,<\/p>\n<p>(iia)the tax reference number of every such person,<\/p>\n<p>(iii)a statement of all such payments arising in respect of such premises, and<\/p>\n<p>(iv)such other particulars relating to all such premises as may be specified in the notice.<\/p>\n<p>(3)<\/p>\n<p>(a)In this section &#8220;tax reference number&#8221; means &#8211;<\/p>\n<p>(i)in the case of an individual, the individual&#8217;s Personal Public Service Number within the meaning of section 262 of the Social Welfare Consolidation Act 2005, and<\/p>\n<p>(ii)in the case of any other person, the reference number stated on any return form of income or profits, or notice of assessment, issued to that person by the Revenue Commissioners.<\/p>\n<p>(b)Where a payment, either in the nature of or for the purpose of rent or rent subsidy in relation to any premises, is to be made by any body referred to in subsection (2)(e), that body shall request from every person to whom that premises belongs that the person furnish to the body &#8211;<\/p>\n<p>(i)the person&#8217;s tax reference number, or<\/p>\n<p>(ii)where the person does not have a tax reference number, confirmation to that effect,<\/p>\n<p>before the day on which the payment is to be made.<\/p>\n<p>(c)A person to whom paragraph (b) relates shall comply with the request in a manner so as to enable the body to have that information before the day the payment is to be made.<\/p>\n<p>(d)A person referred to in subsection (2)(d) who manages any premises or is in receipt of rent or other payments arising from any premises shall request from every person to whom such premises belongs &#8211;<\/p>\n<p>(i)the person&#8217;s tax reference number, or<\/p>\n<p>(ii)where the person does not have a tax reference number, confirmation to that effect,<\/p>\n<p>and that person shall comply with the request.<\/p>\n<p>(e)Where in making a return for the purposes of paragraph (d) or (e) of subsection (2), the person or body is unable to provide the information required by subparagraph (iia) of those paragraphs in respect of a person because that person failed to furnish the information in accordance with paragraphs (b) or (d), then the person or body shall, unless they can otherwise duly provide the information, state that they cannot provide the information so required.<\/p>\n<p>889.<\/p>\n<h4>Returns of fees, commissions, etc. paid by certain persons.<\/h4>\n<p>(1)In this section &#8211;<\/p>\n<p>&#8220;tax reference number&#8221;, in relation to a person, has the meaning assigned to it by section 885 in relation to a specified person within the meaning of that section;<\/p>\n<p>references to payments for services include references to payments in the nature of commission of any kind and references to payments in respect of expenses incurred in connection with rendering of services;<\/p>\n<p>references to payments made include references to the giving of any valuable consideration, and the requirement imposed by subsection (5) to state the amount of a payment shall, in relation to any consideration given otherwise than in the form of money, be construed as a requirement to give particulars of the consideration.<\/p>\n<p>(2)Every person carrying on a trade or business shall, if required to do so by notice from an inspector, make and deliver to the inspector a return of all payments of any kind specified in the notice made during the period so specified, being &#8211;<\/p>\n<p>(a)payments made in the course of the trade or business, or of such part of the trade or business as may be specified in the notice, for services rendered in connection with the trade or business by persons ordinarily resident in the State and not employed in the trade or business,<\/p>\n<p>(b)payments for services rendered in connection with the formation, acquisition, development or disposal of the trade or business, or any part of it, by persons ordinarily resident in the State and not employed in the trade or business, or<\/p>\n<p>(c)periodical or lump sum payments made to persons ordinarily resident in the State in respect of any copyright.<\/p>\n<p>(3)Every body of persons (which for the purposes of this section shall be deemed to include a Minister of the Government and any body established by or under statute) carrying on any activity which does not constitute a trade or business shall, if required to do so by a notice from an inspector, make and deliver to the inspector a return of all payments of a kind specified in the notice made during the period specified in the notice, being &#8211;<\/p>\n<p>(a)payments made in the course of carrying on the activity, or such part of the activity as may be specified in the notice, for services rendered in connection with the activity by persons ordinarily resident in the State and not employed by that body of persons, or<\/p>\n<p>(b)periodical or lump sum payments made to persons ordinarily resident in the State in respect of any copyright.<\/p>\n<p>(4)A return required under subsection (2) or (3) shall, if the trade or business or other activity is carried on by an unincorporated body of persons, be made and delivered by the person who is, or performs the duties of, secretary of the body, and the notice shall be framed accordingly.<\/p>\n<p>(5)A return under this section shall give the name and tax reference number of the person to whom each payment was made, the amount of the payment and such other particulars as may be specified in the notice, including particulars as to &#8211;<\/p>\n<p>(a)the services or rights in respect of which the payment was made,<\/p>\n<p>(b)the period over which any services were rendered, and<\/p>\n<p>(c)any business name and any business or home address of the person to whom payment was made.<\/p>\n<p>(6)A return under this section shall include payments made by the person or body of persons in the course of the trade, business or activity on behalf of any other person.<\/p>\n<p>(7)No person shall be required under this section to include in a return &#8211;<\/p>\n<p>(a)particulars of any payment from which income tax is deductible,<\/p>\n<p>(b)particulars of payments made to any one person where the total of the payments to that person which would otherwise have to be included in the return does not exceed \u20ac635, or<\/p>\n<p>(c)particulars of any payment made in a year of assessment ending more than 3 years before the service of the notice requiring the person to make the return.<\/p>\n<p>(8)A person who fails to deliver, within the period limited in any notice served on the person under this section, a true and correct return which the person is required by the notice to deliver shall be liable to a penalty of \u20ac3,000.<\/p>\n<p>(9)[deleted]<\/p>\n<p>(10)In proceedings for the recovery of a penalty under this section, a certificate by an officer of the Revenue Commissioners which certifies that he or she has inspected the relevant records of the Revenue Commissioners and that it appears from them that during a stated period a stated return was not received from the defendant shall be evidence until the contrary is proved that the defendant did not during that period deliver that return, and any such certificate, purporting to be signed by an officer of the Revenue Commissioners, may be tendered in evidence without proof and shall be deemed until the contrary is proved to have been signed by an officer of the Revenue Commissioners.<\/p>\n<p>890.<\/p>\n<h4>Returns by persons in receipt of income belonging to others.<\/h4>\n<p>(1)Every person (in this section referred to as &#8220;the first-mentioned person&#8221;) who, in whatever capacity, is in receipt of any money or value, or of profits or gains arising from any of the sources mentioned in the Income Tax Acts, of or belonging to any other person who is chargeable in respect of such money, value, profits or gains, or who would be so chargeable if that other person were resident in the State and not an incapacitated person, shall, whenever required to do so by a notice given to the first-mentioned person by an inspector, prepare and deliver, within the period mentioned in such notice, a return in the prescribed form, signed by the first-mentioned person, containing &#8211;<\/p>\n<p>(a)a statement of all such money, value, profits or gains;<\/p>\n<p>(b)the name and address of every person to whom all such money, value, profits or gains belong;<\/p>\n<p>(c)a declaration whether every such person is of full age, a married person, a civil partner, resident in the State or an incapacitated person.<\/p>\n<p>(2)Where the first-mentioned person is acting jointly with any other person, the first-mentioned person shall, in the like manner, deliver a list of the names and addresses of all persons joined with the first-mentioned person at the time of delivery of the return mentioned in subsection (1).<\/p>\n<p>(3)No person shall be required under this section to include in a return particulars of receipts (to which subsection (1) applies) of or belonging to any one person where the total of the receipts relating to that person which would otherwise have to be included in the return does not exceed \u20ac635.<\/p>\n<p>891.<\/p>\n<h4>Returns of interest paid or credited without deduction of tax.<\/h4>\n<p>(1)Subject to subsection (2), every person carrying on a trade or business who, in the ordinary course of the operations of the trade or business, receives or retains money in such circumstances that interest becomes payable on that money which is paid or credited without deduction of income tax, and in particular every person carrying on the trade or business of banking, shall, if required to do so by notice from an inspector, make and deliver to the inspector, within the time specified in the notice, a return of all interest so paid or credited by that person during a year specified in the notice in the course of that person&#8217;s trade or business or any such part of that person&#8217;s trade or business as may be so specified, giving the names and addresses of the persons to whom the interest was paid or credited and stating in each case the amount of the interest.<\/p>\n<p>(1A)<\/p>\n<p>(a)In this subsection, &#8220;credit union&#8221; means a society registered under the Credit Union Act, 1997, including a society deemed to be so registered under section 5(3) of that Act.<\/p>\n<p>(b)This section shall not apply in relation to any interest paid or credited by a credit union in respect of money received or retained by it, other than interest paid or credited by it in respect of a deposit to which subsection (1A) or (1B) of section 256 refers.<\/p>\n<p>(2)<\/p>\n<p>(a)No interest paid or credited to any person shall be required to be included in any return under subsection (1) where the total amount of the interest paid or credited to that person which would otherwise have had to be included in the return does not exceed \u20ac65.<\/p>\n<p>(b)The year specified in a notice under subsection (1) shall not be a year ending more than 3 years before the date of the service of the notice.<\/p>\n<p>(3)Without prejudice to the generality of so much of subsection (1) as enables different notices to be served under that subsection in relation to different parts of a trade or business, separate notices may be served under that subsection as respects the transactions carried on at any branch or branches respectively specified in the notices, and any such separate notice shall, if served on the manager or other person in charge of the branch or branches in question, be deemed to have been duly served on the person carrying on the trade or business and, where such a separate notice is so served as respects the transactions carried on at any branch or branches, any notice subsequently served under subsection (1) on the person carrying on the trade or business shall not be deemed to extend to any transaction to which that separate notice extends.<\/p>\n<p>(4)<\/p>\n<p>(a)This section shall, with any necessary modifications, apply in relation to the Post Office Savings Bank as if it were a trade or business carried on by An Post.<\/p>\n<p>(b)This subsection shall apply notwithstanding section 4 of the Post Office Savings Bank Act, 1861; but, subject to paragraph (a), that section shall remain in full force and effect.<\/p>\n<p>(5)Subsections (1) to (4) shall apply only to money received or retained in the State.<\/p>\n<p>(6)<\/p>\n<p>(a)Subject to paragraphs (b) and (c), where a person to whom any interest is paid or credited in respect of any money received or retained in the State by notice in writing served on the person paying or crediting the interest &#8211;<\/p>\n<p>(i)declares that the person who was beneficially entitled to that interest when it was paid or credited was not then resident in the State, and<\/p>\n<p>(ii)requests that the interest shall not be included in any return under this section,<\/p>\n<p>the person paying or crediting the interest shall not be required to include the interest in any such return.<\/p>\n<p>(b)Where the person on whom a notice under paragraph (a) is served is not satisfied that the person who served the notice was resident outside the State when the interest was paid or credited &#8211;<\/p>\n<p>(i)there shall be given to the person on whom the notice is served an affidavit, made by the person who served the notice, stating that person&#8217;s name and address and the country in which that person was resident when the interest was paid or credited, and<\/p>\n<p>(ii)if the person who served the notice was not beneficially entitled to that interest when it was paid or credited, the affidavit shall state, in addition to the particulars specified in subparagraph (i), the name and address of the person who was so entitled and the country in which that person was resident when the interest was paid or credited.<\/p>\n<p>(c)Where the person on whom a notice under paragraph (a) is served is satisfied that the person who served the notice (in this paragraph referred to as &#8220;the server&#8221;) was not resident in the State when the interest was paid or credited and, if the server declares in the notice, or in a subsequent notice served on the person on whom the first-mentioned notice was served, that the server was not beneficially entitled to the interest when it was paid or credited, the server shall, if the person so entitled (in this paragraph referred to as &#8220;the beneficial owner&#8221;) is resident in the State, state in one of those notices or in a subsequent notice served on the person on whom the first-mentioned notice was served the name and address of the beneficial owner.<\/p>\n<p>(7)A person to whom subsection (1) applies &#8211;<\/p>\n<p>(a)shall keep and retain any notice served on that person in accordance with subsection (6), and any affidavit that accompanied the notice, for a period of 6 years from the date of the service of the notice,<\/p>\n<p>(b)shall, if requested in writing by the Revenue Commissioners to do so, inform the Revenue Commissioners within the time specified in the request whether a notice has been served on that person in accordance with subsection (6) by such person as is named, and whose address is stated, in the request, and<\/p>\n<p>(c)shall, if requested in writing by the Revenue Commissioners to do so, furnish to the Revenue Commissioners within the time specified in the request such notice served on that person in accordance with subsection (6) as is specified in the request and the affidavit that accompanied that notice.<\/p>\n<p>891A.<\/p>\n<h4>Returns of interest paid to non-residents.<\/h4>\n<p>(1)In this section &#8211;<\/p>\n<p>&#8220;chargeable period&#8221; has the same meaning as in section 321(2);<\/p>\n<p>&#8220;relevant interest&#8221; means interest to which subsection (2) of section 246 does not apply by virtue only of paragraph (h) (inserted by the Finance Act, 1999) of subsection (3) of that section;<\/p>\n<p>&#8220;relevant person&#8221; has the same meaning as in section 246;<\/p>\n<p>&#8220;specified return date for the chargeable period&#8221; has the same meaning as in section 894(1).<\/p>\n<p>(2)<\/p>\n<p>(a)Subject to paragraph (c), every relevant person who pays relevant interest in a chargeable period shall prepare and deliver to the appropriate inspector on or before the specified return date for the chargeable period a return of all relevant interest so paid by the relevant person in the chargeable period stating in the case of each person to whom that relevant interest was paid &#8211;<\/p>\n<p>(i)the name and address of the person,<\/p>\n<p>(ii)the amount of relevant interest paid to the person in the chargeable period, and<\/p>\n<p>(iii)the territory in which the person is resident for tax purposes.<\/p>\n<p>(b)Section 891 shall not apply, in respect of the payment of relevant interest, to any relevant person to whom paragraph (a) applies.<\/p>\n<p>(c)Sections 1052 and 1054 shall apply to a failure by a relevant person to deliver a return required by paragraph (a) and to each and every such failure, as they apply to a failure to deliver a return referred to in section 1052.<\/p>\n<p>891B.<\/p>\n<h4>Returns of certain payments made by certain persons.<\/h4>\n<p>(1)In this section &#8211;<\/p>\n<p>&#8220;assurance company&#8221; means-<\/p>\n<p>(a)an assurance company within the meaning of section 3 of the Insurance Act 1936, or<\/p>\n<p>(b)a person that holds an authorisation &#8211;<\/p>\n<p>(i)within the meaning of the European Communities (Life Assurance) Framework Regulations 1994 (S.I. No. 360 of 1994), or<\/p>\n<p>(ii)under the European Union (Insurance and Reinsurance) Regulations 2015 (S.I. No. 485 of 2015), in respect of insurance of a class listed in Schedule 2 to those Regulations;<\/p>\n<p>&#8220;EEA Agreement&#8221; means the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by all subsequent amendments to that Agreement;<\/p>\n<p>&#8220;EEA state&#8221; means a state which is a contracting party to the EEA Agreement;<\/p>\n<p>&#8220;financial institution&#8221; means &#8211;<\/p>\n<p>(a)a person who holds or has held a licence under section 9 or an authorisation granted under section 9A of the Central Bank Act 1971, or a person who holds or has held a licence or other similar authorisation under the law of an EEA state, other than the State, which corresponds to a licence granted under the said section 9,<\/p>\n<p>(aa)an agent appointed by the National Treasury Management Agency to carry out certain functions of the National Treasury Management Agency in relation to State savings products, or<\/p>\n<p>(b)a person referred to in section 7(4) of the Central Bank Act 1971;<\/p>\n<p>(c)[deleted]<\/p>\n<p>&#8220;PPS Number&#8221;, in relation to an individual, means the individual&#8217;s personal public service number (within the meaning of section 262 of the Social Welfare Consolidation Act 2005);<\/p>\n<p>&#8220;relevant payment&#8221;, in relation to a specified person, means &#8211;<\/p>\n<p>(a)in the case of a specified person which is an assurance company or a financial institution &#8211;<\/p>\n<p>(i)any payment of interest or in the nature of interest,<\/p>\n<p>(ii)any payment in respect of any investment,<\/p>\n<p>(iii)any payment made in the nature of a return on an investment, or<\/p>\n<p>(iv)any other similar payment,<\/p>\n<p>of a kind or kinds specified or defined in regulations which is made or credited by or through the specified person, and<\/p>\n<p>(b)in the case of any other specified person, any payment of a kind or kinds specified or defined in regulations made or credited by or through the specified person;<\/p>\n<p>&#8220;relevant person&#8221; means &#8211;<\/p>\n<p>(a)any assurance company,<\/p>\n<p>(b)any financial institution, or<\/p>\n<p>(c)[deleted]<\/p>\n<p>(d)any Minister of the Government, any body established by or under statute, or any other body which undertakes the disbursement of public funds;<\/p>\n<p>&#8220;Revenue officer&#8217; means an officer of the Revenue Commissioners;<\/p>\n<p>&#8220;specified person&#8221; means a person who is a member of a class of relevant persons specified in regulations;<\/p>\n<p>&#8220;State savings products&#8221; means savings products offered by the Minister for Finance through the National Treasury Management Agency, including Post Office Savings Bank accounts and prize bonds;<\/p>\n<p>&#8220;tax&#8221; means any tax provided for under the Tax Acts or the Capital Gains Tax Acts;<\/p>\n<p>&#8220;tax reference number&#8221;, in relation to a person, means &#8211;<\/p>\n<p>(a)in the case of a person who is an individual, the individual&#8217;s PPS Number, and<\/p>\n<p>(b)in any other case &#8211;<\/p>\n<p>(i)the reference number stated on any return of income form or notice of assessment issued to the person by a Revenue officer, or<\/p>\n<p>(ii)the registration number of the person for the purposes of value-added tax.<\/p>\n<p>(2)<\/p>\n<p>(a)For the purposes of this section and any regulations &#8211;<\/p>\n<p>(i)any amount credited, or set off against any other amount, in respect of a relevant payment shall be treated as a payment and references in this section and in regulations to a payment shall be construed accordingly, and<\/p>\n<p>(ii)any reference in this section and in regulations to the amount of a payment shall be construed as a reference to the amount which would be the amount of that payment if no tax were to be deducted from that payment.<\/p>\n<p>(b)A reference in this section to a regulation or regulations shall be construed as a reference to a regulation or regulations made under subsection (3).<\/p>\n<p>(3)The Revenue Commissioners, with the consent of the Minister for Finance, may by regulations provide that a specified person be required &#8211;<\/p>\n<p>(a)to make to the Revenue Commissioners a return of information relating to relevant payments made by or through the specified person concerned for or by reference to such period or periods, other than a period beginning before 1 January 2005, as may be specified in the regulations, and<\/p>\n<p>(b)subject to subsection (4)(h), to include in any such return the tax reference numbers of the persons to whom any such payments are made.<\/p>\n<p>(4)Without prejudice to the generality of subsection (3), regulations may, in particular, include provision for &#8211;<\/p>\n<p>(a)notifying a person that that person is a specified person, including the means by which such notification may be made,<\/p>\n<p>(b)determining the date in any year by which a return required to be made under the regulations shall be made to the Revenue Commissioners,<\/p>\n<p>(c)prescribing the office of the Revenue Commissioners to which returns should be delivered,<\/p>\n<p>(d)specifying or defining the kind or kinds of relevant payments to be included in returns to be made under regulations,<\/p>\n<p>(e)defining, for the purposes of determining the persons or classes of persons to be included in a return to be made under regulations, the persons or classes of persons to whom relevant payments may have been made,<\/p>\n<p>(f)determining, for the purposes of including persons to whom relevant payments are made in a return to be made under regulations, the identity and place of residence or establishment of a person to whom a relevant payment is made,<\/p>\n<p>(g)specifying the details relating to a relevant payment to be included in a return made under regulations,<\/p>\n<p>(h)imposing an obligation on &#8211;<\/p>\n<p>(i)specified persons to obtain a tax reference number from persons (in this paragraph referred to as &#8216;customers&#8217;) &#8211;<\/p>\n<p>(I)with whom they enter into contractual relationships,<\/p>\n<p>(II)for whom they undertake any transaction, or<\/p>\n<p>(III)in respect of whom they make a relevant payment,<\/p>\n<p>on or after a date specified in regulations, which shall not be earlier than the date such regulations come into force, for the purposes of including that number in a return under regulations, and<\/p>\n<p>(ii)customers to provide a specified person with their tax reference number on request by that specified person where &#8211;<\/p>\n<p>(I)such customers enter into contractual relations with the specified person, or<\/p>\n<p>(II)where the specified person undertakes any transaction,<\/p>\n<p>on or after a date specified in regulations where the relationship or transaction may give rise to a relevant payment,<\/p>\n<p>(i)defining &#8216;books&#8217; and &#8216;records&#8217; for the purposes of regulations,<\/p>\n<p>(j)determining the manner of keeping records and setting the period for the retention of records so kept in relation to any of the matters specified in the preceding paragraphs,<\/p>\n<p>(k)Revenue officers, authorised for the purpose, to &#8211;<\/p>\n<p>(i)require &#8211;<\/p>\n<p>(I)the production of books, records or other documents,<\/p>\n<p>(II)the provision of information, explanations and particulars,<\/p>\n<p>(III)persons to give all such assistance as may reasonably be required and as is specified in the regulations,<\/p>\n<p>in relation to relevant payments and the persons to whom such payments were made within such time as may be specified in regulations, and<\/p>\n<p>(ii)make extracts from or copies of books, records or other documents or require that copies of such books, records and documents be made available,<\/p>\n<p>and<\/p>\n<p>(l)such supplemental and incidental matters as appear to the Revenue Commissioners to be necessary &#8211;<\/p>\n<p>(i)to enable persons to fulfil their obligations under regulations, or<\/p>\n<p>(ii)for the general administration and implementation of any regulations, including &#8211;<\/p>\n<p>(I)delegating to a Revenue officer the authority to perform any acts and discharge any functions authorised by regulations to be performed or discharged by the Revenue Commissioners, and<\/p>\n<p>(II)the authorisation by the Revenue Commissioners of Revenue officers to exercise any powers, to perform any acts or to discharge any functions conferred by this section or by regulations.<\/p>\n<p>(5)Every regulation made shall be laid before D\u00e1il \u00c9ireann as soon as may be after it is made and, if a resolution annulling the regulation is passed by D\u00e1il \u00c9ireann within the next 21 days on which D\u00e1il \u00c9ireann has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.<\/p>\n<p>(6)A Revenue officer authorised for the purpose of regulations may at all reasonable times enter any premises or place of business of a specified person for the purposes of &#8211;<\/p>\n<p>(a)determining whether information &#8211;<\/p>\n<p>(i)included in a return made under regulations by that specified person was correct and complete, or<\/p>\n<p>(ii)not included in such a return was correctly not so included,<\/p>\n<p>or<\/p>\n<p>(b)examining the procedures put in place by that specified person for the purposes of ensuring compliance with that person&#8217;s obligations under regulations.<\/p>\n<p>(7)<\/p>\n<p>(a)Section 898O shall apply to &#8211;<\/p>\n<p>(i)a failure by a relevant person to deliver a return required under regulations, and to each and every such failure, and<\/p>\n<p>(ii)the making of an incorrect or incomplete return under regulations,<\/p>\n<p>as it applies to a failure to deliver a return or to the making of an incorrect or incomplete return referred to in section 898O.<\/p>\n<p>(b)A person who does not comply with &#8211;<\/p>\n<p>(i)the requirements of a Revenue officer in the exercise or performance of the officer&#8217;s powers or duties under this section or under regulations, or<\/p>\n<p>(ii)any requirement of regulations made under subsection (3),<\/p>\n<p>shall be liable to a penalty of \u20ac1,265;<\/p>\n<p>(8)A relevant payment shall not be included in a return to be made under regulations if such payment is included or would be liable to be included in a return made in accordance with section 891A or Chapter 3A.<\/p>\n<p>(9)Where a return (in this subsection referred to as the &#8216;first-mentioned return&#8217;) is furnished by a specified person under regulations a return shall not be required to be made by that person under section 891, notwithstanding the provisions of section 894, in respect of any payment included in the first-mentioned return<\/p>\n<p>(10)Section 4 of the Post Office Savings Bank Act 1861 shall not apply to the disclosure of information required to be included in a return made under regulations made under this section and, accordingly, this section shall apply to information to which, but for this subsection, the said section 4 would apply.<\/p>\n<p>891C.<\/p>\n<h4>Returns of certain information by investment undertakings.<\/h4>\n<p>(1)In this section &#8211;<\/p>\n<p>(a)&#8221;investment undertaking&#8221; has the same meaning as in section 739B(1) but does not include a common contractual fund within the meaning of section 739I or an investment limited partnership within the meaning of section 739J;<\/p>\n<p>(b)&#8221;unit&#8221; and &#8220;unit holder&#8221; have the same meanings respectively as in section 739B(1);<\/p>\n<p>(c)&#8221;tax reference number&#8221; has the same meaning as in section 891B(1).<\/p>\n<p>(2)A reference in this section to a regulation or regulations shall be construed as a reference to a regulation or regulations made under subsection (3).<\/p>\n<p>(3)The Revenue Commissioners, with the consent of the Minister for Finance, may by regulations provide that an investment undertaking be required &#8211;<\/p>\n<p>(a)to make to the Revenue Commissioners a return of information relating to units of the investment undertaking concerned by reference to such date or dates, other than a date before 1 January 2012, as may be specified in the regulations, and<\/p>\n<p>(b)subject to subsection (5)(a)(vi), to include in any such return the tax reference numbers of the unit holders at that time.<\/p>\n<p>(4)Information in relation to units shall not be included in a return to be made under regulations if information in relation to such units is included or would be liable to be included in a return made in accordance with Chapter 3A.<\/p>\n<p>(5)For the purposes of this section &#8211;<\/p>\n<p>(a)the provisions of subsection (4) of section 891B shall apply subject to the following modifications and any other necessary modifications:<\/p>\n<p>(i)in paragraph (a) by substituting &#8220;investment undertaking&#8221; for &#8220;specified person&#8221;;<\/p>\n<p>(ii)in paragraph (d) by substituting &#8216;the value of units&#8221; for &#8220;the kind or kinds of relevant payments&#8221;;<\/p>\n<p>(iii)by substituting the following for paragraph (e):<\/p>\n<p>&#8220;(e)defining, for the purposes of determining the unit holders or classes of unit holders to be included in a return to be made under regulations, the unit holders or classes of unit holders&#8221;;<\/p>\n<p>(iv)by substituting the following for paragraph (f):<\/p>\n<p>&#8220;(f)determining for the purposes of including unit holders in a return to be made under regulations, the identity and place of residence or establishment of a unit holder&#8221;;<\/p>\n<p>(v)in paragraph (g) by substituting &#8220;unit&#8217; for &#8220;relevant payment&#8217;;<\/p>\n<p>(vi)in paragraph (h) &#8211;<\/p>\n<p>(I)by substituting the following for subparagraph (i):<\/p>\n<p>&#8220;(i)investment undertakings to obtain a tax reference number from unit holders &#8211;<\/p>\n<p>(I)with whom they enter into contractual relationships, or<\/p>\n<p>(II)for whom they undertake any transaction,<\/p>\n<p>on or after a date specified in regulations, which shall not be earlier than the date such regulations come into force, for the purposes of including that number in a return under regulations, and&#8217;,<\/p>\n<p>and<\/p>\n<p>(II)in subparagraph (ii) &#8211;<\/p>\n<p>(A)by substituting &#8220;investment undertaking&#8221; for &#8220;specified person&#8221; in each place,<\/p>\n<p>(B)by substituting &#8220;unit holders&#8221; for &#8220;customers&#8221; in each place, and<\/p>\n<p>(C)by deleting &#8220;where the relationship or transaction may give rise to a relevant payment&#8221;,<\/p>\n<p>and<\/p>\n<p>(vii)in paragraph (k) by substituting &#8220;units and the unit holders&#8221; for &#8220;relevant payments and the persons to whom such payments were made&#8221;,<\/p>\n<p>and<\/p>\n<p>(b)the provisions of subsections (6) and (7) of section 891B shall apply subject to the modification that references in those subsections to &#8220;person&#8221;, &#8220;relevant person&#8221; or &#8220;specified person&#8221;, as the case may be, shall be construed, where the context admits, as references to &#8220;investment undertaking&#8221;.<\/p>\n<p>(6)Every regulation made shall be laid before D\u00e1il \u00c9ireann as soon as may be after it is made and, if a resolution annulling the regulation is passed by D\u00e1il \u00c9ireann within the next 21 days on which D\u00e1il \u00c9ireann has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.<\/p>\n<p>891D.<\/p>\n<h4>Returns of payment transactions by payment settlers.<\/h4>\n<p>(1)In this section &#8211;<\/p>\n<p>&#8220;authorised officer&#8221; means an officer of the Revenue Commissioners authorised by them in writing to exercise the powers conferred by this section;<\/p>\n<p>&#8220;central organisation&#8221; has the meaning assigned in the definition of &#8220;electronic payment network&#8221;;<\/p>\n<p>&#8220;electronic network transaction&#8221; means any transaction which is settled through an electronic payment network;<\/p>\n<p>&#8220;electronic payment facilitator&#8221; means any person, other than a payment settlement entity, acting on behalf of a payment settlement entity who submits instructions to transfer funds to the account of the merchant to settle the reportable payment transaction;<\/p>\n<p>&#8220;electronic payment network&#8221; means any agreement or arrangement &#8211;<\/p>\n<p>(a)which involves the establishment of accounts with a body (in this section referred to as a &#8220;central organisation&#8217;) by persons who &#8211;<\/p>\n<p>(i)are unrelated to the central organisation,<\/p>\n<p>(ii)provide goods or services, and<\/p>\n<p>(iii)have agreed to settle transactions for the provision of such goods or services pursuant to such agreement or arrangement,<\/p>\n<p>(b)which provides for standards and mechanisms for settling such transactions, and<\/p>\n<p>(c)which guarantees persons providing goods or services pursuant to such agreement or arrangement that such persons will be paid for providing such goods or services,<\/p>\n<p>but does not include any agreement or arrangement which provides for the issue of payment cards;<\/p>\n<p>&#8220;electronic settlement organisation&#8221; means the central organisation which has the contractual obligation to make payment to merchants of electronic network transactions;<\/p>\n<p>&#8220;merchant&#8221; means &#8211;<\/p>\n<p>(a)in the case of a payment card transaction, any person having an address in the State who accepts a payment card as payment, and<\/p>\n<p>(b)in the case of an electronic network transaction, any person having an address in the State who accepts payment from an electronic settlement organisation in settlement of such transaction;<\/p>\n<p>&#8220;merchant acquirer&#8221; means the person who has the contractual obligation to make payment to merchants in settlement of payment card transactions;<\/p>\n<p>&#8220;payment card&#8221; means any card which is issued pursuant to an agreement or arrangement which provides for &#8211;<\/p>\n<p>(a)one or more issuers of such cards,<\/p>\n<p>(b)a network of persons unrelated to each other, and to the issuer, who agree to accept such cards as payment, and<\/p>\n<p>(c)standards and mechanisms for settling the transactions between the merchant acquirers and the persons who agree to accept such cards as payment,<\/p>\n<p>and the acceptance as payment of any account number or other indicators associated with a payment card shall be treated for the purposes of this section in the same manner as accepting such payment card as payment;<\/p>\n<p>&#8220;payment card transaction&#8221; means any transaction in which a payment card is accepted as payment;<\/p>\n<p>&#8220;payment settlement entity&#8221; means &#8211;<\/p>\n<p>(a)in the case of a payment card transaction, the merchant acquirer, and<\/p>\n<p>(b)in the case of an electronic network transaction, the electronic settlement organisation;<\/p>\n<p>&#8220;PPS Number&#8221;, in relation to an individual, means the individual&#8217;s personal public service number (within the meaning of section 262 of the Social Welfare Consolidation Act 2005);<\/p>\n<p>&#8220;reportable payment transactions&#8221; means, subject to regulations, any payment card transaction and any electronic network transaction;<\/p>\n<p>&#8220;services&#8221;, in relation to an electronic payment network, includes making arrangements directly or indirectly for persons to make voluntary payments with or without consideration for the benefit, in whole or in part, of another person;<\/p>\n<p>&#8220;tax reference number&#8221;, in relation to a person, means &#8211;<\/p>\n<p>(a)in the case of a person who is an individual, the individual&#8217;s PPS Number, and<\/p>\n<p>(b)in any other case &#8211;<\/p>\n<p>(i)the reference number stated on any return of income form or notice of assessment issued to the person by a Revenue officer, or<\/p>\n<p>(ii)the registration number of that person for the purposes of the Value-Added Tax Acts.<\/p>\n<p>(2)The Revenue Commissioners may by regulations provide that a payment settlement entity be required &#8211;<\/p>\n<p>(a)to make to the Revenue Commissioners an electronic return for or by reference to such year or years, other than a year earlier than 2010, of reportable payment transactions and such other information as may be specified in the regulations, and<\/p>\n<p>(b)subject to subsection (4)(b), to include in any such return the tax reference numbers of merchants included in the return.<\/p>\n<p>(3)Without prejudice to the generality of subsection (2), regulations may, in particular, provide for &#8211;<\/p>\n<p>(a)determining the date by which a return required to be made under the regulations shall be made to the Revenue Commissioners,<\/p>\n<p>(b)prescribing the manner in which returns are to be made,<\/p>\n<p>(c)specifying the type of reportable payment transactions to be included in the return,<\/p>\n<p>(d)imposing an obligation on payment settlement entities to request, on or after a date specified in regulations, a tax reference number from merchants, which date shall not be earlier than the date such regulations come into force, for the purposes of including that number in a return under regulations,<\/p>\n<p>(e)imposing an obligation on every merchant to provide the payment settlement entity concerned with the relevant tax reference number upon request being made by such payment settlement entity, and<\/p>\n<p>(f)specifying the details relating to the reportable payment transactions to be included in the return, including, but not limited to, the following &#8211;<\/p>\n<p>(i)account and reference numbers,<\/p>\n<p>(ii)information concerning the business or service conducted by the merchant,<\/p>\n<p>(iii)information relating to the terminals used by the merchant, such as the number of terminals in use, the serial numbers of such terminals and the location of such terminals,<\/p>\n<p>(iv)information relating to the merchant, including name, address, email address and contact numbers, and<\/p>\n<p>(v)bank account information of merchants to and from which funds are transferred by the payment settlement entity.<\/p>\n<p>(4)<\/p>\n<p>(a)A payment settlement entity shall make all reasonable efforts to obtain from a merchant that person&#8217;s tax reference number and the merchant shall provide to the payment settlement entity his or her tax reference number.<\/p>\n<p>(b)Where the tax reference number provided for the purposes of this section is an individual&#8217;s PPS Number, the payment settlement entity shall only use that number (as so provided) for the purpose of including it in the return to be made under subsection (2) and for no other purpose.<\/p>\n<p>(5)An authorised officer may at all reasonable times enter any premises or place of business of a payment settlement entity for the purposes of &#8211;<\/p>\n<p>(a)determining whether &#8211;<\/p>\n<p>(i)information included in a return made by a payment settlement entity was correct and complete, or<\/p>\n<p>(ii)information not included in such a return was correctly not so included,<\/p>\n<p>or<\/p>\n<p>(b)examining the procedures put in place by that payment settlement entity for the purposes of ensuring compliance with that person&#8217;s obligations under this section.<\/p>\n<p>(6)<\/p>\n<p>(a)Section 898O shall apply to &#8211;<\/p>\n<p>(i)a failure by a payment settlement entity to deliver a return, and to each and every such failure, and<\/p>\n<p>(ii)the making of an incorrect or incomplete return,<\/p>\n<p>as it applies to a failure to deliver a return or to the making of an incorrect or incomplete return referred to in section 898O.<\/p>\n<p>(b)A payment settlement entity which does not comply with &#8211;<\/p>\n<p>(i)the requirements of an authorised officer in the exercise or performance of the officer&#8217;s powers or duties under this section or under regulations, or<\/p>\n<p>(ii)any requirement imposed on the payment settlement entity by regulations made under subsection (2),<\/p>\n<p>shall be liable to a penalty of \u20ac3,000.<\/p>\n<p>891DA.<\/p>\n<h4>Returns of certain payment card transactions by payment card providers<\/h4>\n<p>(1)In this section &#8211;<\/p>\n<p>&#8216;the Acts&#8217; has the same meaning as in section 851A;<\/p>\n<p>&#8216;authorised officer&#8217; means an officer of the Revenue Commissioners authorised by them in writing to exercise the powers conferred by this section;<\/p>\n<p>&#8216;cross-border payment card transaction&#8217; means a payment card transaction where the payee is located in a place other than the State;<\/p>\n<p>&#8216;EEA Agreement&#8217; means the Agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by all subsequent amendments to that Agreement;<\/p>\n<p>&#8216;EEA state&#8217; means a state which is a contracting party to the EEA Agreement;<\/p>\n<p>&#8216;payee&#8217;, in relation to a cross-border payment card transaction, means the person accepting the payment concerned;<\/p>\n<p>&#8216;payment card&#8217; means any card which is issued by a payment card provider pursuant to an agreement or arrangement which provides for &#8211;<\/p>\n<p>(a)one or more issuers of such cards,<\/p>\n<p>(b)a network of persons unrelated to each other, and to the issuer, who agree to accept such cards as payment, and<\/p>\n<p>(c)standards and mechanisms for settling the transactions between the issuers of such cards and the persons who agree to accept such cards as payment,<\/p>\n<p>and the acceptance as payment of any account number or other indicators associated with a payment card shall be treated for the purposes of this section in the same manner as accepting such card payment as payment;<\/p>\n<p>&#8216;payment card provider&#8217; means &#8211;<\/p>\n<p>(a)a person who &#8211;<\/p>\n<p>(i)is a holder of a licence granted under section 9 of the Central Bank Act 1971 or an authorisation granted under section 9A of that Act, or<\/p>\n<p>(ii)holds a licence or other similar authorisation under the law of an EEA state, other than the State, which corresponds to a licence granted under section 9 of the Central Bank Act 1971,<\/p>\n<p>(b)a payment institution (within the meaning of Regulation 18 of the European Union (Payment Services) Regulations 2018 (S.I. No. 6 of 2018)) which has been authorised by the Central Bank of Ireland to carry on the business of a payment institution, or<\/p>\n<p>(c)the Post Office Savings Bank;<\/p>\n<p>&#8216;payment card transaction&#8217; means any transaction in which a relevant payment card is accepted as payment where the relevant payment card is not physically presented to the payee;<\/p>\n<p>&#8216;relevant payment card&#8217; means a payment card which is issued to a person whose postal address for the purpose of the issue of the card is in the State;<\/p>\n<p>&#8216;tax&#8217; has the same meaning as in section 851B;<\/p>\n<p>&#8216;TIN&#8217; has the same meaning as in section 891G.<\/p>\n<p>(2)For the purposes of enabling the identification of payees who may have an obligation to pay or remit tax under the Acts and determining and ensuring compliance by payees with any obligations imposed on them by the Acts in relation to &#8211;<\/p>\n<p>(a)the payment or remittance of taxes, interest or penalties required to be paid or remitted under the Acts, and<\/p>\n<p>(b)the delivery of any returns to be made under the Acts,<\/p>\n<p>the Revenue Commissioners, with the consent of the Minister for Finance, may by regulations provide that a payment card provider be required to make to the Revenue Commissioners, in relation to cross-border payment card transactions, a return of such information as may be specified in the regulations.<\/p>\n<p>(3)Without prejudice to the generality of subsection (2), regulations made under this section may, in particular, include provision for &#8211;<\/p>\n<p>(a)in respect of a return required to be made under the regulations &#8211;<\/p>\n<p>(i)the period in respect of which the return is to be made,<\/p>\n<p>(ii)the date by which the return is to be made, and<\/p>\n<p>(iii)the manner in which the return is to be made,<\/p>\n<p>(b)the following details in respect of payees to be included in the return:<\/p>\n<p>(i)the name or business name of each payee;<\/p>\n<p>(ii)the address or email address of each payee;<\/p>\n<p>(iii)the TIN of each payee;<\/p>\n<p>(iv)the International Bank Account Number, or equivalent, of each payee;<\/p>\n<p>(v)the Bank Identifier Code, or equivalent identifier, of each payee;<\/p>\n<p>(vi)such other details as the Revenue Commissioners consider necessary and appropriate for the purposes of determining the identity of each payee,<\/p>\n<p>(c)the following details in respect of payments made pursuant to cross-border payment card transactions to be included in the return:<\/p>\n<p>(i)the date and time of each payment;<\/p>\n<p>(ii)the amount of each payment and the currency in which each payment was made,<\/p>\n<p>(d)subject to subsection (4), the class or classes of payees in respect of whom the information specified in the regulations is to be included in the return, and<\/p>\n<p>(e)subject to subsection (5), the class or classes of payment card providers required to make a return.<\/p>\n<p>(4)<\/p>\n<p>(a)Subject to paragraph (b) and for the purposes of subsection (3)(d), the Revenue Commissioners, having regard to the purposes specified in subsection (2), shall specify in the regulations made under this section the class or classes of payees by reference to the number and aggregate value of cross-border payment card transactions associated with relevant payment cards issued by a payment card provider.<\/p>\n<p>(b)The class or classes of payees specified in accordance with paragraph (a) in regulations made under this section shall not include any payee who meets either of the following conditions:<\/p>\n<p>(i)during the period specified in regulations made under this section in respect of which a return is required to be made, the payee accepts payment pursuant to less than 100 cross-border payment card transactions associated with relevant payment cards issued by the payment card provider who is making the return;<\/p>\n<p>(ii)the aggregate value of the cross-border payment card transactions in respect of which the payee accepts payment associated with relevant payment cards issued by the payment card provider who is making the return is less than \u20ac10,000.<\/p>\n<p>(c)Where the period specified in regulations made under this section in respect of which a return is required to be made is less than 12 months, the number of payment card transactions specified in paragraph (b)(i) and the aggregate value of payment card transactions specified in paragraph (b)(ii) shall be reduced pro rata.<\/p>\n<p>(5)For the purposes of subsection (3)(e), the Revenue Commissioners, having regard to the purposes specified in subsection (2), shall specify in the regulations made under this section the class or classes of payment card providers by reference to the number of relevant payment cards issued by a payment card provider and the aggregate value of payment card transactions associated with those relevant payment cards.<\/p>\n<p>(6)Subject to subsection (7), an authorised officer may at all reasonable times enter any premises or place of business of a payment card provider for the purposes of &#8211;<\/p>\n<p>(a)determining whether &#8211;<\/p>\n<p>(i)information included in a return made by the payment card provider under regulations made under this section was correct and complete, or<\/p>\n<p>(ii)information not included in such a return was correctly not so included,<\/p>\n<p>or<\/p>\n<p>(b)examining the procedures put in place by that payment card provider for the purposes of ensuring compliance with that provider&#8217;s obligations under this section or regulations made under this section.<\/p>\n<p>(7)An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling without a warrant issued under subsection (8) authorising the entry.<\/p>\n<p>(8)A judge of the District Court, if satisfied on the sworn evidence of an authorised officer that &#8211;<\/p>\n<p>(a)there are reasonable grounds for suspecting that any information or records, as the authorised officer may reasonably require for the purposes of his or her functions under this section, is or are held on any premises or part of any premises, and<\/p>\n<p>(b)an authorised officer, in the performance of his or her functions under this section has been prevented from entering the premises or any part thereof,<\/p>\n<p>may issue a warrant authorising the authorised officer, accompanied if necessary by other persons, at any time or times within 30 days from the date of issue of the warrant and on production if so requested of the warrant, to enter, if need be by reasonable force, the premises or part of the premises concerned and perform all or any of the functions conferred on the authorised officer under this section.<\/p>\n<p>(9)<\/p>\n<p>(a)Section 898O shall apply to &#8211;<\/p>\n<p>(i)a failure by a payment card provider to deliver a return required to be made under regulations made under this section, and to each and every such failure, and<\/p>\n<p>(ii)the making of an incorrect or incomplete return,<\/p>\n<p>as it applies to a failure to deliver a return or to the making of an incorrect or incomplete return referred to in section 898O.<\/p>\n<p>(b)A payment card provider who does not comply with &#8211;<\/p>\n<p>(i)the requirements of an authorised officer in the exercise or performance of the officer&#8217;s powers or duties under this section, or<\/p>\n<p>(ii)any requirement imposed on the payment card provider by this section or regulations made under this section,<\/p>\n<p>shall be liable to a penalty of \u20ac1,265.<\/p>\n<p>(10)Section 4 of the Post Office Savings Bank Act 1861 shall not apply to the disclosure of information required to be included in a return made under regulations made under this section and, accordingly, this section shall apply to information to which, but for this subsection, the said section 4 would apply.<\/p>\n<p>(11)Every regulation made under this section shall be laid before D\u00e1il \u00c9ireann as soon as may be after it is made and, if a resolution annulling the regulation is passed by D\u00e1il \u00c9ireann within the next 21 days on which D\u00e1il \u00c9ireann has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.<\/p>\n<p>891E.<\/p>\n<h4>Implementation of the Agreement to Improve Tax Compliance and Provide for Reporting and Exchange of Information concerning Tax Matters (United States of America) Order 2013.<\/h4>\n<p>(1)This section applies for the purpose of implementing the Agreement to Improve Tax Compliance and Provide for Reporting and Exchange of Information concerning Tax Matters (United States of America) Order 2013 (S.I. No. 33 of 2013).<\/p>\n<p>(2)For the purposes of this section and the regulations made under this section &#8211;<\/p>\n<p>&#8220;Agreement&#8221; means the Agreement Between the Government of Ireland and the Government of the United States of America to Improve International Tax Compliance and to Implement FATCA done at Dublin on 21 December 2012;<\/p>\n<p>&#8220;competent authority&#8221; means the Secretary of the Treasury of the United States of America or his or her delegate;<\/p>\n<p>&#8220;register&#8221; means to register with such body of persons, agency or authority as is specified in regulations under this section for the purpose;<\/p>\n<p>&#8220;registered financial institution&#8221; means a financial institution that has registered in accordance with the regulations;<\/p>\n<p>&#8220;tax reference number&#8221; means a U.S. TIN.<\/p>\n<p>(3)Except where otherwise provided by this section or the regulations made under this section and unless the context otherwise requires, a word or expression used in this section or in the regulations (or in both) that is used in the Agreement shall have the same meaning as it has in the Agreement.<\/p>\n<p>(4)The Revenue Commissioners, with the consent of the Minister for Finance, may make regulations under this section &#8211;<\/p>\n<p>(a)requiring financial institutions to register in circumstances specified in the regulations (whether by reference to the institution concerned falling within a category specified in the regulations or the existence otherwise of circumstances in which the regulations require the institution concerned to register),<\/p>\n<p>(b)with respect to the return by a registered financial institution of information on accounts held, managed or administered by that financial institution (being accounts falling within a category specified in the regulations or that are otherwise specified therein as accounts to be the subject of such a return), and<\/p>\n<p>(c)with respect to the return by a registered financial institution of information on payments made to a non-participating financial institution (being payments falling within a category specified in the regulations or that are otherwise specified therein as payments to be the subject of such a return).<\/p>\n<p>(5)Without prejudice to the generality of subsection (4), regulations under this section may include provisions &#8211;<\/p>\n<p>(a)specifying the time limits within which financial institutions must register,<\/p>\n<p>(b)requiring registered financial institutions to make a return of information in relation to U.S. reportable accounts,<\/p>\n<p>(c)setting out the circumstances in which a registered financial institution is not required to make a return,<\/p>\n<p>(d)setting out the circumstances in which financial institutions shall be treated as non-participating financial institutions,<\/p>\n<p>(e)determining the date by which a return required to be made under the regulations shall be made to the Revenue Commissioners,<\/p>\n<p>(f)prescribing the manner in which returns are to be made,<\/p>\n<p>(g)specifying the accounts that are not treated as financial accounts,<\/p>\n<p>(h)specifying the financial accounts that are U.S. reportable accounts,<\/p>\n<p>(i)specifying the information to be reported in a return by the registered financial institution, to the Revenue Commissioners, in relation to U.S. reportable accounts and, where different information is to be reported for different years, specifying the information to be reported for each of those years,<\/p>\n<p>(j)specifying &#8211;<\/p>\n<p>(i)the currency in which the registered financial institution is required to report, and<\/p>\n<p>(ii)the rules for conversion of amounts, denominated in another currency, into the currency, referred to in subparagraph (i), for the purposes of a return under the regulations,<\/p>\n<p>(k)requiring financial institutions to identify the financial accounts that are held by U.S. persons who fall within a category specified in the regulations or who are otherwise persons the financial accounts held by whom are specified by the regulations to be the subject of such identification,<\/p>\n<p>(l)specifying the records and documents that must be examined or obtained by the financial institution to enable the institution to identify the financial accounts that are held by U.S. persons who fall within a category specified in the regulations or who are otherwise specified by the regulations as persons in relation to whom the foregoing action in this paragraph must be taken, and, where different records or documents must be examined or obtained in different circumstances, specifying those circumstances,<\/p>\n<p>(m)specifying additional requirements in relation to high value accounts that are held by U.S. persons who fall within a category specified in the regulations or who are otherwise persons the high value accounts held by whom are specified by the regulations to be the subject of such additional requirements,<\/p>\n<p>(n)specifying the records and documents used to identify the holder of a U.S. reportable account that must be retained by the registered financial institution,<\/p>\n<p>(o)specifying the financial accounts in respect of which the financial institution is not required to identify the account holder,<\/p>\n<p>(p)setting out the circumstances in which a registered financial institution is required to aggregate financial accounts held by the same individual or entity for the purposes of reporting information on those accounts,<\/p>\n<p>(q)specifying the actions to be taken by a registered financial institution where there is a change in circumstances with respect to the holder of a financial account,<\/p>\n<p>(r)setting out the conditions under which a financial institution may appoint a third party as its agent to carry out the duties and obligations imposed on it by the regulations,<\/p>\n<p>(s)setting out the circumstances in which an account held by an NFFE will be a U.S. reportable account,<\/p>\n<p>(t)setting out the circumstances in which a registered financial institution may make a nil return,<\/p>\n<p>(u)specifying the information to be reported by the registered financial institution in relation to payments made to non-participating financial institutions,<\/p>\n<p>(v)imposing an obligation on &#8211;<\/p>\n<p>(i)a financial institution to obtain a tax reference number from persons, being persons who fall within a category specified in the regulations or who are otherwise specified by the regulations as persons in relation to whom the foregoing action in this paragraph must be taken and &#8211;<\/p>\n<p>(I)with whom the institution enters into a contractual relationship, or<\/p>\n<p>(II)for whom the institution undertakes any transaction,<\/p>\n<p>on or after a date specified in the regulations, which shall not be earlier than the commencement of the regulations (and such persons are in this paragraph referred to as &#8220;customers&#8221;) for the purposes of including that number in a return under the regulations, and<\/p>\n<p>(ii)customers to provide a financial institution with their tax reference number on request by the financial institution where, on or after a date specified in the regulations &#8211;<\/p>\n<p>(I)such customers enter into a contractual relationship with the financial institution, or<\/p>\n<p>(II)the financial institution undertakes any transaction for such customers,<\/p>\n<p>being respectively &#8211;<\/p>\n<p>(A)a relationship which resultsin the opening, operation, administration or management of a financial account, or<\/p>\n<p>(B)a transaction which arisesin relation to a financial account,<\/p>\n<p>(w)defining &#8220;books&#8221; and &#8220;records&#8221; for the purposes of the regulations,<\/p>\n<p>(x)in relation to any of the matters specified in the preceding paragraphs, determining the manner of keeping records and setting the period for the retention of records so kept,<\/p>\n<p>(y)enabling the authorisation of Revenue officers, for the purpose of such officers &#8211;<\/p>\n<p>(i)requiring &#8211;<\/p>\n<p>(I)the production of books, records or other documents,<\/p>\n<p>(II)the provision of information, explanations and particulars, and<\/p>\n<p>(III)persons to give all such assistance as may reasonably be required and as is specified in the regulations,<\/p>\n<p>in relation to financial accounts within such time as may be specified in the regulations, and<\/p>\n<p>(ii)making extracts from or copies of books, records or other documents or requiring that copies of such books, records and documents be made available,<\/p>\n<p>and<\/p>\n<p>(z)specifying such supplemental and incidental matters as appear to the Revenue Commissioners to be necessary &#8211;<\/p>\n<p>(i)to enable persons to fulfill their obligations under the regulations, or<\/p>\n<p>(ii)for the general administration and implementation of the regulations, including &#8211;<\/p>\n<p>(I)delegating to a Revenue officer the authority to perform any acts and discharge any functions authorised by this section or the regulations to be performed or discharged by the Revenue Commissioners, and<\/p>\n<p>(II)the authorisation by the Revenue Commissioners of Revenue officers to exercise any powers, to perform any acts or to discharge any functions conferred by this section or by the regulations.<\/p>\n<p>(6)Every regulation made under this section shall be laid before D\u00e1il \u00c9ireann as soon as may be after it is made and, if a resolution annulling the regulation is passed by D\u00e1il \u00c9ireann within the next 21 days on which D\u00e1il \u00c9ireann has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudiceto the validity of anything previously done thereunder.<\/p>\n<p>(7)A Revenue officer authorised for the purpose of regulations under this section may at all reasonable times enter any premises or place of business of a financial institution for the purposes of &#8211;<\/p>\n<p>(a)determining whether information &#8211;<\/p>\n<p>(i)included in a return made under the regulations by the financial institution was correct and complete, or<\/p>\n<p>(ii)not included in such a return was correctly not so included,<\/p>\n<p>or<\/p>\n<p>(b)examining the procedures put in place by the financial institution for the purposes of ensuring compliance with that institution&#8217;s obligations under the regulations.<\/p>\n<p>(8)<\/p>\n<p>(a)Subject to subsection (8A), section 898O shall apply to &#8211;<\/p>\n<p>(i)a failure by a financial institution to deliver a return required under regulations under this section, and<\/p>\n<p>(ii)the making of an incorrect or incomplete return under those regulations,<\/p>\n<p>as it applies to a failure to deliver a return or to the making of an incorrect or incomplete return referred to in section 898O.<\/p>\n<p>(b)Subject to subsection (8A), a person who does not comply with &#8211;<\/p>\n<p>(i)the requirements of a Revenue officer in the exercise or performance of the officer&#8217;s powers or duties under this section or under regulations made under this section, or<\/p>\n<p>(ii)any requirement of such regulations,<\/p>\n<p>shall be liable to a penalty of \u20ac1,265.<\/p>\n<p>(8A)<\/p>\n<p>(a)Where a trust or partnership would, but for the operation of this subsection, be liable to a penalty pursuant to paragraph (a) or (b) of subsection (8), the liable person of the trust or partnership shall be liable to the penalty.<\/p>\n<p>(b)For the purpose of paragraph (a), and subject to paragraph (c), &#8216;liable person&#8217; means, in relation to &#8211;<\/p>\n<p>(i)a partnership, the precedent partner (within the meaning of section 1007) of the partnership,<\/p>\n<p>(ii)a trust which is not an investment undertaking, the trustees of the trust, and<\/p>\n<p>(iii)a trust which is an investment undertaking, the trustees of the trust, the management company or other such person, as the case may be, who, in the circumstances of the investment undertaking concerned &#8211;<\/p>\n<p>(I)is authorised to act on behalf, or for the purposes, of the investment undertaking in respect of its investment activities, and<\/p>\n<p>(II)habitually does so.<\/p>\n<p>(c)Where a liable person identified pursuant to paragraph (b) is a partnership or trust, paragraph (b) shall be applied in respect of the partnership or trust until a liable person who is not a partnership or trust is identified pursuant to that paragraph.<\/p>\n<p>(d)In this subsection, &#8216;investment undertaking&#8217; has the same meaning as it has in section 739B.<\/p>\n<p>(9)Section 4 of the Post Office Savings Bank Act 1861 shall not apply to the disclosure of information required to be included in a return made under the regulations made under this section and, accordingly, this section shall apply to information to which, but for this subsection, the said section 4 would apply.<\/p>\n<p>(10)<\/p>\n<p>(a)Notwithstanding section 851A, the Revenue Commissioners are authorised to communicate to the competent authority information which is contained in a return required under regulations under this section.<\/p>\n<p>(b)The Revenue Commissioners shall communicate the information referred to in paragraph (a) to the competent authority not later than the expiry of 9 months following the end of the tax year to which the return relates.<\/p>\n<p>(11)Where arrangements are entered into by any person and the main purpose or one of the main purposes of the arrangements, or any part of them, is the avoidance of any of the obligations imposed under this section or regulations thereunder, then this section and those regulations shall apply as if the arrangements, or that part of them, had not been entered into.<\/p>\n<p>891F.<\/p>\n<h4>Returns of certain information by financial institutions.<\/h4>\n<p>(1)This section provides for the collection and reporting of certain information in respect of financial accounts held by any person who is regarded by virtue of the laws of a jurisdiction other than the State as resident in that jurisdiction for the purposes of tax.<\/p>\n<p>(2)In this section &#8211;<\/p>\n<p>&#8216;the standard&#8217; means the Standard for Automatic Exchange of Financial Account Information approved on 15 July 2014 by the Council of the Organisation for Economic Cooperation and Development;<\/p>\n<p>&#8216;account holder&#8217;, &#8216;financial account&#8217;, &#8216;high value account&#8217;, &#8216;lower value account&#8217;, &#8216;reportable account&#8217;, &#8216;reporting financial institution&#8217; and &#8216;TIN&#8217; have the meanings respectively given to them by Section VIII of the standard.<\/p>\n<p>(3)The Revenue Commissioners, with the consent of the Minister for Finance, may make regulations under this section with respect to the return by a reporting financial institution of information on reportable accounts held, managed or administered by that reporting financial institution.<\/p>\n<p>(4)In addition to the specification in the regulations of a requirement that reporting financial institutions make a return to the Revenue Commissioners of information in relation to reportable accounts, regulations under this section may (without prejudice to the generality of subsection (3)) include provisions &#8211;<\/p>\n<p>(a)determining the date by which a return required to be made under the regulations shall be made to the Revenue Commissioners,<\/p>\n<p>(b)prescribing the manner in which returns are to be made,<\/p>\n<p>(c)specifying the information to be reported in a return by the reporting financial institution, to the Revenue Commissioners, in relation to reportable accounts and, where different information is to be reported for different years, specifying the information to be reported for each of those years,<\/p>\n<p>(d)specifying &#8211;<\/p>\n<p>(i)the currency in which the reporting financial institution is required to report, and<\/p>\n<p>(ii)the rules for conversion of amounts, denominated in another currency, into the currency, referred to in subparagraph (i), for the purposes of a return under the regulations,<\/p>\n<p>(e)requiring reporting financial institutions to identify reportable accounts,<\/p>\n<p>(f)specifying the records and documents that must be examined or obtained by the reporting financial institution to enable the institution to identify reportable accounts,<\/p>\n<p>(g)specifying the records and documents used to identify reportable accounts that must be retained by the reporting financial institution,<\/p>\n<p>(h)specifying additional requirements in relation to the examination of high value accounts and lower value accounts,<\/p>\n<p>(i)setting out the circumstances in which a reporting financial institution is required to aggregate financial accounts held by the same individual or entity for the purposes of identifying reportable accounts as high value accounts or lower value accounts,<\/p>\n<p>(j)specifying the actions to be taken by a reporting financial institution where there is a change in circumstances with respect to the account holder of a financial account,<\/p>\n<p>(k)setting out the conditions under which a reporting financial institution may appoint a third party as its agent to carry out the duties and obligations imposed on it by the regulations,<\/p>\n<p>(l)setting out the circumstances in which a reporting financial institution may make a nil return,<\/p>\n<p>(m)imposing an obligation on &#8211;<\/p>\n<p>(i)a reporting financial institution to obtain a TIN from any person &#8211;<\/p>\n<p>(I)with whom the institution enters into a contractual relationship, or<\/p>\n<p>(II)for whom the institution undertakes any transaction, on or after a date specified in the regulations, which shall not be earlier than the commencement of the regulations (and such persons are in this paragraph referred to as &#8216;customers&#8217;) for the purposes of including that number in a return under the regulations,<\/p>\n<p>and<\/p>\n<p>(ii)customers to provide a reporting financial institution with their TIN on request by the reporting financial institution where, on or after a date specified in the regulations &#8211;<\/p>\n<p>(I)such customers enter into a contractual relationship with the reporting financial institution, or<\/p>\n<p>(II)the reporting financial institution undertakes any transaction for such customers,<\/p>\n<p>being respectively &#8211;<\/p>\n<p>(A)a relationship which results in the opening, operation, administration or management of a financial account, or<\/p>\n<p>(B)a transaction which arises in relation to a financial account,<\/p>\n<p>(n)defining &#8216;books&#8217; and &#8216;records&#8217; for the purposes of the regulations,<\/p>\n<p>(o)in relation to any of the matters specified in the preceding paragraphs, determining the manner of keeping records and setting the period for the retention of records so kept,<\/p>\n<p>(p)enabling the authorisation of Revenue officers, for the purpose of such officers &#8211;<\/p>\n<p>(i)requiring &#8211;<\/p>\n<p>(I)the production of books, records or other documents,<\/p>\n<p>(II)the provision of information, explanations and particulars, and<\/p>\n<p>(III)persons to give all such assistance as may reasonably be required and as is specified in the regulations,<\/p>\n<p>in relation to financial accounts within such time as may be specified in the regulations, and<\/p>\n<p>(ii)making extracts from or copies of books, records or other documents or requiring that copies of such books, records and documents be made available,<\/p>\n<p>and<\/p>\n<p>(q)specifying such supplemental and incidental matters as appear to the Revenue Commissioners to be necessary &#8211;<\/p>\n<p>(i)to enable persons to fulfil their obligations under the regulations, or<\/p>\n<p>(ii)for the general administration and implementation of the regulations, including &#8211;<\/p>\n<p>(I)delegating to a Revenue officer the authority to perform any acts and discharge any functions authorised by this section or the regulations to be performed or discharged by the Revenue Commissioners, and<\/p>\n<p>(II)the authorisation by the Revenue Commissioners of Revenue officers to exercise any powers, to perform any acts or to discharge any functions conferred by this section or by the regulations.<\/p>\n<p>(5)Every regulation made under this section shall be laid before D\u00e1il \u00c9ireann as soon as may be after it is made and, if a resolution annulling the regulation is passed by D\u00e1il \u00c9ireann within the next 21 days on which D\u00e1il \u00c9ireann has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.<\/p>\n<p>(6)A Revenue officer authorised for the purpose of regulations under this section may at all reasonable times enter any premises or place of business of a reporting financial institution for the purposes of &#8211;<\/p>\n<p>(a)determining whether information &#8211;<\/p>\n<p>(i)included in a return made under the regulations by the reporting financial institution was correct and complete, or<\/p>\n<p>(ii)not included in such a return was correctly not so included, or<\/p>\n<p>(b)examining the procedures put in place by the reporting financial institution for the purposes of ensuring compliance with that institution&#8217;s obligations under the regulations.<\/p>\n<p>(7)<\/p>\n<p>(a)Subject to subsection (7A), section 898O shall apply to &#8211;<\/p>\n<p>(i)a failure by a reporting financial institution to deliver a return required under regulations made under this section, and<\/p>\n<p>(ii)the making of an incorrect or incomplete return under those regulations,<\/p>\n<p>as it applies to a failure to deliver a return or to the making of an incorrect or incomplete return referred to in section 898O.<\/p>\n<p>(b)Subject to subsection (7A), a person who does not comply with &#8211;<\/p>\n<p>(i)the requirements of a Revenue officer in the exercise or performance of the officer&#8217;s powers or duties under this section or under regulations made under this section, or<\/p>\n<p>(ii)any requirement of such regulations, shall be liable to a penalty of \u20ac1,265.<\/p>\n<p>(7A)<\/p>\n<p>(a)Where a trust or partnership would, but for the operation of this subsection, be liable to a penalty pursuant to paragraph (a) or (b) of subsection (7), the liable person of the trust or partnership shall be liable to the penalty.<\/p>\n<p>(b)For the purpose of paragraph (a), and subject to paragraph (c), &#8216;liable person&#8217; means, in relation to &#8211;<\/p>\n<p>(i)a partnership, the precedent partner (within the meaning of section 1007) of the partnership,<\/p>\n<p>(ii)a trust which is not an investment undertaking, the trustees of the trust, and<\/p>\n<p>(iii)a trust which is an investment undertaking, the trustees of the trust, the management company or other such person, as the case may be, who in the circumstances of the investment undertaking concerned &#8211;<\/p>\n<p>(I)is authorised to act on behalf, or for the purposes, of the investment undertaking in respect of its investment activities, and<\/p>\n<p>(II)habitually does so.<\/p>\n<p>(c)Where a liable person identified pursuant to paragraph (b) is a partnership or trust, paragraph (b) shall be applied in respect of the partnership or trust until a liable person who is not a partnership or trust is identified pursuant to that paragraph.<\/p>\n<p>(d)In this subsection, &#8216;investment undertaking&#8217; has the same meaning as it has in section 739B.<\/p>\n<p>(8)Section 4 of the Post Office Savings Bank Act 1861 shall not apply to the disclosure of information required to be included in a return made under the regulations made under this section and, accordingly, this section shall apply to information to which, but for this subsection, the said section 4 would apply.<\/p>\n<p>(9)Where arrangements are entered into by any person and the main purpose or one of the main purposes of the arrangements, or any part of them, is the avoidance of any of the obligations imposed under this section or regulations thereunder, then this section and those regulations shall apply as if the arrangements, or that part of them, had not been entered into.<\/p>\n<p>(10)Any word or expression which has a meaning given to it by Section VIII of the standard shall, where it is used in regulations made under this section and unless the contrary intention appears, have the same meaning in those regulations as it has in that Section VIII.<\/p>\n<p>891G.<\/p>\n<h4>Implementation of Council Directive 2014\/107\/EU of 9 December 2014 amending Directive 2011\/16\/EU as regards mandatory automatic exchange of information in the field of taxation.<\/h4>\n<p>(1)This section provides for the collection and reporting of certain information in respect of financial accounts held by any person who is regarded by virtue of the laws of a jurisdiction other than the State as resident in that jurisdiction for the purposes of tax.<\/p>\n<p>(2)In this section &#8211;<\/p>\n<p>&#8216;Directive&#8217; means Council Directive 2011\/16\/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77\/799\/EEC, as amended by Council Directive 2014\/107\/EU of 9 December 2014 , Council Directive (EU) 2015\/2376 of 8 December 2015 , Council Directive (EU) 2016\/881 of 25 May 2016 , Council Directive (EU) 2016\/2258 of 6 December 2016 , Council Directive (EU) 2018\/822 of 25 May 2018 and Council Directive (EU) 2020\/876 of 24 June 2020 ;<\/p>\n<p>&#8216;account holder&#8217;, &#8216;financial account&#8217;, &#8216;high value account&#8217;, &#8216;lower value account&#8217;, &#8216;reportable account&#8217;, &#8216;reporting financial institution&#8217;, and &#8216;TIN&#8217; have the meanings respectively given to them by Section VIII of Annex I to the Directive;<\/p>\n<p>&#8216;change in circumstances&#8217; shall be construed in accordance with Annex II to the Directive.<\/p>\n<p>(3)The Revenue Commissioners, with the consent of the Minister for Finance, may make regulations under this section with respect to the return by a reporting financial institution of information on reportable accounts held, managed or administered by that reporting financial institution.<\/p>\n<p>(4)In addition to the specification in the regulations of a requirement that reporting financial institutions make a return to the Revenue Commissioners of information in relation to reportable accounts, regulations under this section may (without prejudice to the generality of subsection (3)) include provisions &#8211;<\/p>\n<p>(a)determining the date by which a return required to be made under the regulations shall be made to the Revenue Commissioners,<\/p>\n<p>(b)prescribing the manner in which returns are to be made,<\/p>\n<p>(c)specifying the information to be reported in a return by the reporting financial institution, to the Revenue Commissioners, in relation to reportable accounts and, where different information is to be reported for different years, specifying the information to be reported for each of those years,<\/p>\n<p>(d)specifying &#8211;<\/p>\n<p>(i)the currency in which the reporting financial institution is required to report, and<\/p>\n<p>(ii)the rules for conversion of amounts, denominated in another currency, into the currency, referred to in subparagraph (i), for the purposes of a return under the regulations,<\/p>\n<p>(e)requiring reporting financial institutions to identify reportable accounts,<\/p>\n<p>(f)specifying the records and documents that must be examined or obtained by the reporting financial institution to enable the institution to identify reportable accounts,<\/p>\n<p>(g)specifying the records and documents used to identify reportable accounts that must be retained by the reporting financial institution,<\/p>\n<p>(h)specifying additional requirements in relation to the examination of high value accounts and lower value accounts,<\/p>\n<p>(i)setting out the circumstances in which a reporting financial institution is required to aggregate financial accounts held by the same individual or entity for the purposes of identifying reportable accounts as high value accounts or lower value accounts,<\/p>\n<p>(j)specifying the actions to be taken by a reporting financial institution where there is a change in circumstances with respect to the account holder of a financial account,<\/p>\n<p>(k)setting out the conditions under which a reporting financial institution may appoint a third party as its agent to carry out the duties and obligations imposed on it by the regulations,<\/p>\n<p>(l)setting out the circumstances in which a reporting financial institution may make a nil return,<\/p>\n<p>(m)imposing an obligation on &#8211;<\/p>\n<p>(i)a reporting financial institution to obtain a TIN from any person &#8211;<\/p>\n<p>(I)with whom the institution enters into a contractual relationship, or<\/p>\n<p>(II)for whom the institution undertakes any transaction, on or after a date specified in the regulations, which shall not be earlier than the commencement of the regulations (and such persons are in this paragraph referred to as &#8216;customers&#8217;) for the purposes of including that number in a return under the regulations,<\/p>\n<p>and<\/p>\n<p>(ii)customers to provide a reporting financial institution with their TIN on request by the reporting financial institution where, on or after a date specified in the regulations &#8211;<\/p>\n<p>(I)such customers enter into a contractual relationship with the reporting financial institution, or<\/p>\n<p>(II)the reporting financial institution undertakes any transaction for such customers,<\/p>\n<p>being respectively &#8211;<\/p>\n<p>(A)a relationship which results in the opening, operation, administration or management of a financial account, or<\/p>\n<p>(B)a transaction which arises in relation to a financial account,<\/p>\n<p>(n)defining &#8216;books&#8217; and &#8216;records&#8217; for the purposes of the regulations,<\/p>\n<p>(o)in relation to any of the matters specified in the preceding paragraphs, determining the manner of keeping records and setting the period for the retention of records so kept,<\/p>\n<p>(p)enabling the authorisation of Revenue officers, for the purpose of such officers &#8211;<\/p>\n<p>(i)requiring &#8211;<\/p>\n<p>(I)the production of books, records or other documents,<\/p>\n<p>(II)the provision of information, explanations and particulars, and<\/p>\n<p>(III)persons to give all such assistance as may reasonably be required and as is specified in the regulations,<\/p>\n<p>in relation to financial accounts within such time as may be specified in the regulations, and<\/p>\n<p>(ii)making extracts from or copies of books, records or other documents or requiring that copies of such books, records and documents be made available,<\/p>\n<p>and<\/p>\n<p>(q)specifying such supplemental and incidental matters as appear to the Revenue Commissioners to be necessary &#8211;<\/p>\n<p>(i)to enable persons to fulfil their obligations under the regulations, or<\/p>\n<p>(ii)for the general administration and implementation of the regulations, including &#8211;<\/p>\n<p>(I)delegating to a Revenue officer the authority to perform any acts and discharge any functions authorised by this section or the regulations to be performed or discharged by the Revenue Commissioners, and<\/p>\n<p>(II)the authorisation by the Revenue Commissioners of Revenue officers to exercise any powers, to perform any acts or to discharge any functions conferred by this section or by the regulations.<\/p>\n<p>(5)Every regulation made under this section shall be laid before D\u00e1il \u00c9ireann as soon as may be after it is made and, if a resolution annulling the regulation is passed by D\u00e1il \u00c9ireann within the next 21 days on which D\u00e1il \u00c9ireann has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.<\/p>\n<p>(6)A Revenue officer authorised for the purpose of regulations under this section may at all reasonable times enter any premises or place of business of a reporting financial institution for the purposes of &#8211;<\/p>\n<p>(a)determining whether information &#8211;<\/p>\n<p>(i)included in a return made under the regulations by the reporting financial institution was correct and complete, or<\/p>\n<p>(ii)not included in such a return was correctly not so included, or<\/p>\n<p>(b)examining the procedures put in place by the reporting financial institution for the purposes of ensuring compliance with that institution&#8217;s obligations under the regulations.<\/p>\n<p>(7)<\/p>\n<p>(a)Subject to subsection (7A), section 898O shall apply to &#8211;<\/p>\n<p>(i)a failure by a reporting financial institution to deliver a return required under regulations under this section, and<\/p>\n<p>(ii)the making of an incorrect or incomplete return under those regulations,<\/p>\n<p>as it applies to a failure to deliver a return or to the making of an incorrect or incomplete return referred to in section 898O.<\/p>\n<p>(b)Subject to subsection (7A), a person who does not comply with &#8211;<\/p>\n<p>(i)the requirements of a Revenue officer in the exercise or performance of the officer&#8217;s powers or duties under this section or under regulations made under this section, or<\/p>\n<p>(ii)any requirement of such regulations,<\/p>\n<p>shall be liable to a penalty of \u20ac1,265.<\/p>\n<p>(7A)<\/p>\n<p>(a)Where a trust or partnership would, but for the operation of this subsection, be liable to a penalty pursuant to paragraph (a) or (b) of subsection (7), the liable person of the trust or partnership shall be liable to the penalty.<\/p>\n<p>(b)For the purpose of paragraph (a), and subject to paragraph (c), &#8216;liable person&#8217; means, in relation to &#8211;<\/p>\n<p>(i)a partnership, the precedent partner (within the meaning of section 1007) of the partnership,<\/p>\n<p>(ii)a trust which is not an investment undertaking, the trustees of the trust, and<\/p>\n<p>(iii)a trust which is an investment undertaking, the trustees of the trust, the management company or other such person, as the case may be, who in the circumstances of the investment undertaking concerned &#8211;<\/p>\n<p>(I)is authorised to act on behalf, or for the purposes, of the investment undertaking in respect of its investment activities, and<\/p>\n<p>(II)habitually does so.<\/p>\n<p>(c)Where a liable person identified pursuant to paragraph (b) is a partnership or trust, paragraph (b) shall be applied in respect of the partnership or trust until a liable person who is not a partnership or trust is identified pursuant to that paragraph.<\/p>\n<p>(d)In this subsection, &#8216;investment undertaking&#8217; has the same meaning as it has in section 739B.<\/p>\n<p>(8)Section 4 of the Post Office Savings Bank Act 1861 shall not apply to the disclosure of information required to be included in a return made under the regulations made under this section and, accordingly, this section shall apply to information to which, but for this subsection, the said section 4 would apply.<\/p>\n<p>(9)Where arrangements are entered into by any person and the main purpose or one of the main purposes of the arrangements, or any part of them, is the avoidance of any of the obligations imposed under this section or regulations thereunder, then this section and those regulations shall apply as if the arrangements, or that part of them, had not been entered into.<\/p>\n<p>(10)Any word or expression which has a meaning given to it by Section VIII of Annex I or Annex II to the Directive respectively shall, where it is used in regulations made under this section and unless the contrary intention appears, have the same meaning in those regulations as it has in the respective Annex.<\/p>\n<p>(11)Section 891F shall not apply to a reportable account to which this section applies.<\/p>\n<h4>891GA. Disclosure of certain information for the purposes of administrative cooperation in the field of taxation<\/h4>\n<p>(1)This section provides for the disclosure by the competent authority of information connected with or supplementing the information required to be exchanged under the Regulations.<\/p>\n<p>(2)In this section &#8211;<\/p>\n<p>&#8216;advance cross-border ruling&#8217; has the same meaning as it has in the Directive;<\/p>\n<p>&#8216;advance pricing arrangement&#8217; has the same meaning as it has in the Directive;<\/p>\n<p>&#8216;competent authority&#8217; means the Revenue Commissioners acting as the competent authority for the purposes of the Directive;<\/p>\n<p>&#8216;Directive&#8217; means Council Directive 2011\/16\/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77\/799\/EEC, as amended by Council Directive 2014\/107\/EU of 9 December 2014 , Council Directive (EU) 2015\/2376 of 8 December 2015 , Council Directive (EU) 2016\/881 of 25 May 2016 , Council Directive (EU) 2016\/2258 of 6 December 2016 , Council Directive (EU) 2018\/822 of 25 May 2018 , Council Directive (EU) 2020\/876 of 24 June 2020 and Council Directive (EU) 2021\/514 of 22 March 2021 ;<\/p>\n<p>&#8216;exchange information&#8217; means the information described in Article 8a of the Directive that is required to be communicated by the competent authority under the Regulations;<\/p>\n<p>&#8216;Regulations&#8217; means the European Union (Administrative Cooperation in the Field of Taxation) Regulations 2012;<\/p>\n<p>&#8216;relevant instrument&#8217; means an advance cross-border ruling or an advance pricing arrangement.<\/p>\n<p>(3)The competent authority may, when providing exchange information in respect of a relevant instrument, provide the following information connected with or supplementary to that exchange information:<\/p>\n<p>(a)the reference, if any, assigned by the Revenue Commissioners to the relevant instrument;<\/p>\n<p>(b)where the relevant instrument is related to or connected with any other relevant instrument, information for the purpose of identifying that other relevant instrument;<\/p>\n<p>(c)in respect of a person to whom the relevant instrument relates, that person&#8217;s &#8211;<\/p>\n<p>(i)main business activity,<\/p>\n<p>(ii)annual turnover, and<\/p>\n<p>(iii)annual profits or losses;<\/p>\n<p>(d)whether an address provided in respect of a person is that person&#8217;s &#8211;<\/p>\n<p>(i)business address,<\/p>\n<p>(ii)legal address, or<\/p>\n<p>(iii)other form of address;<\/p>\n<p>(e)in respect of an advance pricing arrangement which uses more than one transfer pricing methodology, an explanation as to why more than one methodology was used; and<\/p>\n<p>(f)such other information as may be specified in a standard form adopted by the European Commission for the purpose of complying with its obligations under Article 20(5) of the Directive.<\/p>\n<p>(4)The competent authority may delegate to any of its officers any of the functions to be performed by the competent authority under this section.<\/p>\n<p>891H.<\/p>\n<h4>Country-by-country reporting.<\/h4>\n<p>(1)<\/p>\n<p>In this section &#8211;<\/p>\n<p>&#8216;constituent entity&#8217;, &#8216;MNE group&#8217;, &#8216;qualifying competent authority agreement&#8217;, &#8216;surrogate parent entity&#8217;, &#8216;systemic failure&#8217; and &#8216;ultimate parent entity&#8217; have the meanings given to them respectively by Article 1 of the OECD model legislation;<\/p>\n<p>&#8216;competent authority&#8217; means a competent authority for the purposes of a qualifying competent authority agreement;<\/p>\n<p>&#8216;country-by-country report&#8217;, in relation to an MNE group, means a report that contains the information set out in subsection (4);<\/p>\n<p>&#8216;domestic constituent entity&#8217; means a constituent entity, that is resident for the purposes of tax in the State, but does not include &#8211;<\/p>\n<p>(a)an ultimate parent entity,<\/p>\n<p>(b)a surrogate parent entity, or<\/p>\n<p>(c)an EU designated entity;<\/p>\n<p>&#8216;equivalent country-by-country report&#8217; means a country-by-country report but only to the extent the information required to be included in that report is within the possession of, or is obtained or acquired by, a domestic constituent entity;<\/p>\n<p>&#8216;EU designated entity&#8217; means a constituent entity of an MNE group, not being an ultimate parent entity or surrogate parent entity, that &#8211;<\/p>\n<p>(a)is resident in a Member State for tax purposes, and<\/p>\n<p>(b)has been designated as an entity by that MNE group to provide a country-by-country report on behalf of all constituent entities of the MNE group resident for tax purposes in a Member State;<\/p>\n<p>&#8216;fiscal year&#8217; means an annual accounting period, or any such shorter accounting period, with respect to which the ultimate parent entity of the MNE group prepares its financial statements;<\/p>\n<p>&#8216;income tax&#8217; means income tax or corporation tax or any foreign tax that corresponds to income tax or corporation tax in the State;<\/p>\n<p>&#8216;OECD&#8217; means the Organisation for Economic Co-operation and Development;<\/p>\n<p>&#8216;OECD model legislation&#8217; means the Model Legislation Related to Country-by-Country Reporting contained in Annex IV to Chapter V of the OECD Report of 2015;<\/p>\n<p>&#8216;OECD Report of 2015&#8217; means the &#8216;Transfer Pricing Documentation and Country-by-Country Reporting, Action 13 \u2013 2015 Final Report&#8217; published by the OECD on 5 October 2015;<\/p>\n<p>&#8216;reporting entity&#8217; has the meaning given to it by Article 1 of the OECD model legislation and shall be deemed to include an EU designated entity;<\/p>\n<p>&#8216;TIN&#8217; means a unique identification and TIN number allocated to a constituent entity by a jurisdiction for the purposes of income tax and, in relation to the State, means a tax reference number within the meaning of section 885.<\/p>\n<p>(2)An ultimate parent entity, which is resident in the State for tax purposes, of an MNE group, shall provide to the Revenue Commissioners not later than 12 months after the last day of its fiscal year, being a fiscal year commencing on or after 1 January 2016, a country-by-country report with respect to the MNE group which relates to that year.<\/p>\n<p>(3)An ultimate parent entity, which is resident in the State for tax purposes, of an MNE group, shall notify the Revenue Commissioners, within the period specified and in such manner as is provided for in regulations to be made under this section, that the ultimate parent entity is an ultimate parent entity for the purposes of this section.<\/p>\n<p>(4)A country-by-country report provided under subsection (2) shall contain the following information in respect of the MNE group concerned:<\/p>\n<p>(a)with regard to each jurisdiction in which the MNE group concerned operates, aggregate information relating to the amount of its &#8211;<\/p>\n<p>(i)revenue, including such further information in relation to such revenue as is necessary to complete the Model Template for the Country-by-Country Report set out in Annex III to Chapter V of the OECD Report of 2015,<\/p>\n<p>(ii)profit or loss before income tax,<\/p>\n<p>(iii)income tax paid,<\/p>\n<p>(iv)income tax accrued,<\/p>\n<p>(v)stated capital,<\/p>\n<p>(vi)accumulated earnings,<\/p>\n<p>(vii)number of employees, and<\/p>\n<p>(viii)tangible assets other than cash or cash equivalents;<\/p>\n<p>(b)information setting out &#8211;<\/p>\n<p>(i)the identification and TIN of each constituent entity of the MNE group concerned,<\/p>\n<p>(ii)the jurisdiction of tax residence of such constituent entity and, where different from such jurisdiction of tax residence, the jurisdiction under the laws of which such constituent entity is organised, and<\/p>\n<p>(iii)the nature of the main business activity or activities of such constituent entity.<\/p>\n<p>(5)The Revenue Commissioners shall make regulations under this section with respect to the manner and form in which a country-by-country report is to be provided.<\/p>\n<p>(6)<\/p>\n<p>Regulations made under this section may, in particular &#8211;<\/p>\n<p>(a)make provision for a surrogate parent entity or an EU designated entity, as the case may be, to provide a country-by-country report to the Revenue Commissioners,<\/p>\n<p>(b)make provision for a domestic constituent entity to provide a country-by-country report or an equivalent country-by-country report to the Revenue Commissioners,<\/p>\n<p>(c)determine the date by which a surrogate parent entity or an EU designated entity is required to provide a country-by-country report, or a domestic constituent entity is required to provide a country-by-country report or an equivalent country-by-country report, as the case may be, to the Revenue Commissioners,<\/p>\n<p>(d)make provision to amend the information to be included in an equivalent country-by-country report required to be provided by a domestic constituent entity,<\/p>\n<p>(e)require an ultimate parent entity, a surrogate parent entity, an EU designated entity or a domestic constituent entity, as the case may be, to notify the Revenue Commissioners within the period specified, and in such manner as is specified, that the ultimate parent entity, surrogate parent entity, EU designated entity or domestic constituent entity, as the case may be, are such entities,<\/p>\n<p>(f)require a domestic constituent entity to notify the Revenue Commissioners, within the period specified, and in such manner as is specified, of the identity and jurisdiction of tax residence of the reporting entity,<\/p>\n<p>(g)provide for the serving of a notice to a domestic constituent entity that there has been a systemic failure by the state of tax residence of the ultimate parent entity,<\/p>\n<p>(h)specify and modify, as required, the manner and form in which a country-by-country report or an equivalent country-by-country report is to be provided,<\/p>\n<p>(i)make provision as to how information contained in a country-by-country report or an equivalent country-by-country report is to be used,<\/p>\n<p>(j)make provision for preserving the confidentiality of the information contained in a country-by-country report or an equivalent country-by-country report,<\/p>\n<p>(k)require a domestic constituent entity of an MNE group to request from the ultimate parent entity of that MNE group all the information required to complete a country-by-country report for the MNE group and, where the ultimate parent entity refuses to so provide all of the required information, require that domestic constituent entity to notify the Revenue Commissioners of that refusal within such period and in such manner as may be specified, and<\/p>\n<p>(l)contain such supplemental and incidental matters as appear to the Revenue Commissioners to be necessary &#8211;<\/p>\n<p>(i)to enable entities to fulfil their obligations under this section or regulations made under this section, and<\/p>\n<p>(ii)for the operation, administration and implementation of this section or regulations made under this section.<\/p>\n<p>(7)Section 898O shall apply to &#8211;<\/p>\n<p>(a)a failure by a reporting entity to provide a country-by-country report or an equivalent country-by-country report to the Revenue Commissioners as required by this section or by regulations made under this section, and<\/p>\n<p>(b)the provision of an incorrect country-by-country report or equivalent country-by-country report, or an incomplete country-by-country report, under this section or regulations made under this section,<\/p>\n<p>as it applies to a failure to make a return or to the making of an incorrect or incomplete return referred to in section 898O.<\/p>\n<p>(8)<\/p>\n<p>(a)A reporting entity required by this section, or by regulations made under this section, to provide a country-by-country report or an equivalent country-by-country report to the Revenue Commissioners shall, in relation to that report have available for inspection, on the request of an officer of the Revenue Commissioners, such records as may reasonably be required for the purposes of determining whether the report is correct and complete.<\/p>\n<p>(b)The records referred to in paragraph (a) &#8211;<\/p>\n<p>(i)shall be prepared on a timely basis and subsection (3) of section 886 shall apply to such records as it applies to records required by that section, and<\/p>\n<p>(ii)shall be retained by the reporting entity concerned for a period of 6 years beginning at the end of the fiscal year to which the country-by-country report or equivalent country-by-country report, as the case may be, relates.<\/p>\n<p>(c)Sections 900 and 901 shall apply, with any necessary modification &#8211;<\/p>\n<p>(i)to records referred to in paragraph (a) as if they were books, records or other documents within the meaning of section 900, and<\/p>\n<p>(ii)to information, explanations and particulars that the authorised officer, within the meaning of those sections, may reasonably require, being information, explanations and particulars which are related to, or in connection with, a country-by-country report or an equivalent country-by-country report.<\/p>\n<p>(9)Every regulation made under this section shall be laid before D\u00e1il \u00c9ireann as soon as may be after it is made and, if a resolution annulling the regulation is passed by D\u00e1il \u00c9ireann within the next 21 days on which D\u00e1il \u00c9ireann has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.<\/p>\n<p>(10)Notwithstanding section 851A, the Revenue Commissioners are authorised to communicate to the competent authority of a state, other than the State, information which is contained in a country-by-country report required under this section or in regulations made under this section, provided that, in relation to a state other than a Member State, there is a qualifying competent authority agreement in place which allows for the exchange of such information.<\/p>\n<p>(11)Any word or expression which has a meaning given to it by Article 1 of the OECD model legislation shall, where it is used in regulations made under this section and unless the contrary intention appears, have the same meaning in those regulations as it has in that OECD model legislation.<\/p>\n<p>891I.<\/p>\n<h4>Implementation of Article 1(8) of Council Directive (EU) 2021\/514 of 22 March 2021 amending Directive 2011\/16\/EU as regards mandatory automatic exchange of information in the field of taxation in relation to platform operators<\/h4>\n<p>(1)This section provides for the collection and reporting of certain information by reporting platform operators in respect of relevant activities undertaken by reportable sellers on their platforms.<\/p>\n<p>(2)In this section &#8211;<\/p>\n<p>&#8216;AML Directive&#8217; means Directive (EU) 2015\/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) 648\/2012 of the European Parliament and of the Council, and repealing Directive 2005\/60\/EC of the European Parliament and of the Council and Commission Directive 2006\/70\/EU, as amended by Directive (EU) 2018\/843 of the European Parliament and of the Council of 30 May 2018 ;<\/p>\n<p>&#8216;authorised DAC officer&#8217; means an officer of the Revenue Commissioners authorised under subsection (12) whose authorisation under that subsection includes authorisation for the purpose of exercising the powers set out in subsection (20);<\/p>\n<p>&#8216;beneficial owner&#8217; has the same meaning as in the AML Directive;<\/p>\n<p>&#8216;business registration number&#8217; means a unique business identification number issued by a Member State, or a functional equivalent in the absence of a business identification number;<\/p>\n<p>&#8216;consideration&#8217;, &#8216;effective qualifying competent authority agreement&#8217;, &#8216;entity&#8217;, &#8216;excluded platform operator&#8217;, &#8216;excluded seller&#8217;,<\/p>\n<p>&#8216;financial account identifier&#8217;, &#8216;goods&#8217;, &#8216;platform&#8217;, &#8216;platform operator&#8217;,<\/p>\n<p>&#8216;primary address&#8217;, &#8216;property listing&#8217;, &#8216;qualified non-union platform operator&#8217;, &#8216;qualified relevant activities&#8217;, &#8216;relevant activity&#8217;, &#8216;reportable period&#8217;, &#8216;reportable seller&#8217;,<\/p>\n<p>&#8216;reporting platform operator&#8217;, &#8216;seller&#8217;, &#8216;TIN&#8217;, and &#8216;VAT identification number&#8217; have the meanings respectively given to them by Section I of Annex V to the Directive;<\/p>\n<p>&#8216;designated person&#8217; has the same meaning as in Part 4 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010;<\/p>\n<p>&#8216;Directive&#8217; means Council Directive 2011\/16\/EU of 15 February 2011 as amended by Council Directive 2014\/107\/EU of 9 December 2014 , Council Directive (EU) 2015\/2376 of 8 December 2015 , Council Directive (EU) 2016\/881 of 25 May 2016 , Council Directive (EU) 2016\/2258 of 6 December 2016 , Council Directive (EU) 2018\/822 of 25 May 2018 , Council Directive (EU) 2020\/876 of 24 June 2020 and Council Directive (EU) 2021\/514 of 22 March 2021 ;<\/p>\n<p>&#8216;Platform Operator ID&#8217; means a unique individual identification number assigned to a platform operator by the Revenue Commissioners;<\/p>\n<p>&#8216;relevant information&#8217; has the meaning given to it by subsection (7)(a).<\/p>\n<p>(3)<\/p>\n<p>(a)Subject to paragraph (b), a platform operator that &#8211;<\/p>\n<p>(i)is resident in the State for tax purposes,<\/p>\n<p>(ii)is incorporated in the State,<\/p>\n<p>(iii)has a place of management in the State, or<\/p>\n<p>(iv)has a permanent establishment in the State and is not a qualified non-union platform operator,<\/p>\n<p>shall register with the Revenue Commissioners as a platform operator for the purposes of this section.<\/p>\n<p>(b)A platform operator that satisfies one or more of the conditions in subparagraphs (i) to (iv) of paragraph (a) and also satisfies those conditions in respect of another Member State shall not register with the Revenue Commissioners if it elects to register as a platform operator for the purposes of the Directive in that other Member State and notifies that election in writing to the Revenue Commissioners.<\/p>\n<p>(c)Subject to paragraph (d), a platform operator &#8211;<\/p>\n<p>(i)other than one that is required to register with &#8211;<\/p>\n<p>(I)the Revenue Commissioners under paragraph (a), or<\/p>\n<p>(II)the competent authority of another Member State, under provisions similar to paragraph (a) in force in that Member State, as a platform operator for the purposes of the Directive,<\/p>\n<p>and<\/p>\n<p>(ii)that facilitates the carrying out of a relevant activity in a Member State, including the State &#8211;<\/p>\n<p>(I)by reportable sellers, or<\/p>\n<p>(II)involving the rental of immovable property,<\/p>\n<p>shall register with the Revenue Commissioners as a platform operator for the purposes of this section and the Revenue Commissioners shall assign a Platform Operator ID to such platform operator.<\/p>\n<p>(ca)A platform operator shall, when registering with the Revenue Commissioners pursuant to paragraph (c), provide the following:<\/p>\n<p>(i)the name of the platform operator;<\/p>\n<p>(ii)the postal address of the platform operator;<\/p>\n<p>(iii)the electronic address, including website addresses, of the platform operator;<\/p>\n<p>(iv)any TIN that has been issued to the platform operator;<\/p>\n<p>(v)a statement with information about the identification of that platform operator for VAT purposes within the European Union, pursuant to Title XII, Chapter 6, Sections 2 and 3 of Council Directive 2006\/112\/EC ;<\/p>\n<p>(vi)the Member States in which reportable sellers are resident.<\/p>\n<p>(cb)Where a platform operator has registered with the Revenue Commissioners pursuant to paragraph (c) prior to 1 January 2024, the platform operator shall provide the information specified in paragraph (ca) to the Revenue Commissioners not later than 31 January 2024.<\/p>\n<p>(cc)Where there is a change in any of the information specified in paragraph (ca) provided to the Revenue Commissioners by a platform operator, the platform operator shall notify the Revenue Commissioners of the change not later than the last day of the month following the month in which the change occurred.<\/p>\n<p>(d)Paragraph (c) shall not apply to a platform operator that has registered with the competent authority of another Member State, under provisions similar to paragraph (c) in force in that Member State, as a platform operator for the purposes of the Directive and has been assigned the equivalent of a Platform Operator ID by that competent authority and such Platform Operator ID has not been revoked.<\/p>\n<p>(e)Subject to paragraph (f), where a platform operator, registered under paragraph (c), does not comply with its obligations under this section or regulations made under this section, the Revenue Commissioners shall revoke that platform operator&#8217;s Platform Operator ID.<\/p>\n<p>(f)The Platform Operator ID shall not be revoked under paragraph (e) before &#8211;<\/p>\n<p>(i)the Revenue Commissioners have issued 2 reminders in writing to the platform operator of the obligations imposed on that platform operator under this section, and<\/p>\n<p>(ii)the expiration of 30 days from the date of the second such reminder referred to in subparagraph (i).<\/p>\n<p>(g)Where &#8211;<\/p>\n<p>(i)a platform operator&#8217;s Platform Operator ID has been revoked under paragraph (e), or<\/p>\n<p>(ii)the equivalent of a Platform Operator ID assigned by the competent authority of another Member State has been revoked under a provision similar to paragraph (e) in force in the other Member State,<\/p>\n<p>the Platform Operator ID shall not be reinstated, or a new Platform Operator ID shall not be issued to the platform operator, until the platform operator demonstrates, by way of documentary evidence to the satisfaction of the Revenue Commissioners, and provides the Revenue Commissioners with a written assurance, that it will comply with the obligations imposed under this section, the regulations made under this section and such similar provisions as may be in force in any other Member State.<\/p>\n<p>(h)An excluded platform operator registered in the State shall make a return, by 31 January of the year immediately following the end of the reportable period, to the Revenue Commissioners confirming that the excluded platform operator has not facilitated any relevant activity in the reportable period and provide such particulars as are necessary to demonstrate that the excluded platform operator is not a reporting platform operator to which subparagraphs (1) to (3) of paragraph A of Section III of Annex V to the Directive apply.<\/p>\n<p>(4)A reporting platform operator registered in the State for the purposes of this section shall, by 31 January of the year immediately following the end of the reportable period &#8211;<\/p>\n<p>(a)make a return under this section to the Revenue Commissioners, and<\/p>\n<p>(b)provide to a reportable seller a copy of the information contained in that return in respect of such reportable seller.<\/p>\n<p>(5)Subject to subsection (5A), a return made under subsection (4) shall contain &#8211;<\/p>\n<p>(a)the following details in respect of a reporting platform operator:<\/p>\n<p>(i)the name of the reporting platform operator;<\/p>\n<p>(ii)the registered office address of the reporting platform operator;<\/p>\n<p>(iii)the TIN of the reporting platform operator;<\/p>\n<p>(iv)the Platform Operator ID, where one has been assigned by the Revenue Commissioners;<\/p>\n<p>(v)the business name of each platform in respect of which the reporting platform operator is reporting,<\/p>\n<p>(b)the following details in respect of reportable sellers who are individuals:<\/p>\n<p>(i)the first name and last name of each reportable seller;<\/p>\n<p>(ii)the primary address of each reportable seller;<\/p>\n<p>(iii)the TIN issued to each reportable seller, and where a reportable seller has a TIN issued by more than one Member State, the Member State of issuance of each TIN, or in the absence of a TIN the place of birth of such reportable seller;<\/p>\n<p>(iv)the VAT identification number of each reportable seller, where available;<\/p>\n<p>(v)the date of birth of each reportable seller,<\/p>\n<p>(c)the following details in respect of reportable sellers who are not individuals:<\/p>\n<p>(i)the legal name of each reportable seller;<\/p>\n<p>(ii)the primary address of each reportable seller;<\/p>\n<p>(iii)where relevant activities are carried on through a permanent establishment in any Member State, details for each reportable seller of each Member State where such a permanent establishment is located, where available;<\/p>\n<p>(iv)any TIN issued to each reportable seller, and where a reportable seller has a TIN issued by more than one Member State, the Member State of issuance of each TIN;<\/p>\n<p>(v)the VAT identification number of each reportable seller, where available;<\/p>\n<p>(vi)the business registration number of each reportable seller,<\/p>\n<p>(d)the following details in respect of all reportable sellers:<\/p>\n<p>(i)the total consideration paid or credited to each reportable seller during each quarter of the reportable period and the number of relevant activities in respect of which the consideration was paid or credited;<\/p>\n<p>(ii)any fees, commissions or taxes withheld or charged by the reporting platform operator with respect to each reportable seller during each quarter of the reportable period;<\/p>\n<p>(iii)the financial account identifier of each reportable seller, insofar as &#8211;<\/p>\n<p>(I)the financial account identifier is available to the platform operator, and<\/p>\n<p>(II)the competent authority of each Member State in which the reportable seller is resident (as determined pursuant to paragraph D of Section II of Annex V to the Directive) has not notified the Revenue Commissioners that the competent authority does not intend to use the financial account identifier for the purpose of a return made by a reporting platform operator;<\/p>\n<p>(iv)where different from the name of a reportable seller, the name of the holder of the financial account to which the consideration is paid or credited, to the extent available to the reporting platform operator, as well as any other financial identification information available to the reporting platform operator with respect to that account holder;<\/p>\n<p>(v)each Member State in which each reportable seller is resident, as determined pursuant to paragraph D of Section II of Annex V to the Directive,<\/p>\n<p>(e)where the relevant activity of a reportable seller involves the rental of immovable property, in addition to the information specified in paragraphs (b) to (d), the following information in respect of each reportable seller:<\/p>\n<p>(i)the address of each property listing;<\/p>\n<p>(ii)the unique identifier, or identifiers, allocated under the Registration of Title Act 1964 to the land of each property listing, if available, or its equivalent under the law of the Member State where it is located, where available;<\/p>\n<p>(iii)the total consideration paid or credited during each quarter of the reportable period and the number of relevant activities provided with respect to each property listing;<\/p>\n<p>(iv)where available, the number of days each property listing was rented during the reportable period and the type of each property listing,<\/p>\n<p>and<\/p>\n<p>(f)such other information as may be prescribed in regulations made by the Revenue Commissioners under subsection (9).<\/p>\n<p>(5A)Notwithstanding subsection (5), a reporting platform operator that has registered with the Revenue Commissioners as a platform operator under subsection (3)(c) shall not be required to provide the information specified in subsection (5) with respect to qualified relevant activities covered by an effective qualifying competent authority agreement that provides for the automatic exchange of equivalent information with a Member State on reportable sellers in the Member State.<\/p>\n<p>(6)A reporting platform operator shall put in place such procedures as may be prescribed in regulations under subsection (10)(c) to identify when a seller becomes a reportable seller.<\/p>\n<p>(7)<\/p>\n<p>(a)A seller, that is not an excluded seller, shall provide to the reporting platform operator such information as is necessary for that reporting platform operator to comply with the reporting obligations imposed under subsection (5) (referred to in this subsection as the &#8216;relevant information&#8217;).<\/p>\n<p>(b)Where a reportable seller does not provide the relevant information to the reporting platform operator, the reporting platform operator shall on the day immediately following the expiration of the period referred to in paragraph (c)(ii) (referred to in paragraph (ba) as &#8216;the relevant date&#8217;) and until such time as the relevant information has been provided &#8211;<\/p>\n<p>(i)either &#8211;<\/p>\n<p>(I)subject to paragraph (ba), withhold payment of any consideration due to the reportable seller, or<\/p>\n<p>(II)close the account of the reportable seller and prevent the reportable seller from reopening the account,<\/p>\n<p>and<\/p>\n<p>(ii)prevent the reportable seller from opening a new account with the reporting platform operator.<\/p>\n<p>(ba)Where a reporting platform operator has withheld payment of consideration due to a reportable seller pursuant to clause (I) of paragraph (b)(i), and the reportable seller does not provide the relevant information to the reporting platform operator within 24 months of the relevant date, the reporting platform operator shall pay to the reportable seller any consideration withheld in accordance with that clause and, until such time as the relevant information has been provided, take the actions specified in clause (II) of paragraph (b)(i) in respect of the reportable seller concerned.<\/p>\n<p>(c)A reporting platform operator shall not take any action referred to in paragraph (b) before &#8211;<\/p>\n<p>(i)the reporting platform operator has issued 2 reminders in writing to the reportable seller following the initial request for relevant information, and<\/p>\n<p>(ii)60 days have passed from the date on which the second reminder referred to in subparagraph (i) has been issued.<\/p>\n<p>(8)A reporting platform operator may, subject to such conditions relating to the appointment of a third party as may be prescribed in regulations made under this section, appoint a third party to carry out the duties and obligations imposed on it by this section.<\/p>\n<p>(9)The Revenue Commissioners, with the consent of the Minister for Finance, may make regulations under this section with respect to the registration of platform operators with the Revenue Commissioners and the return by a reporting platform operator of information regarding relevant activities undertaken by reportable sellers on their platform.<\/p>\n<p>(10)Regulations made under this section may (without prejudice to the generality of subsection (9)), in particular, include provision for &#8211;<\/p>\n<p>(a)in respect of the requirements imposed on platform operators by subsection (3), the period within which such requirements shall be satisfied,<\/p>\n<p>(b)in respect of a return required to be made under subsection (4) &#8211;<\/p>\n<p>(i)the manner in which returns are to be made,<\/p>\n<p>(ii)the currency in which the reporting platform operator is required to report, and<\/p>\n<p>(iii)the rules for conversion of amounts, denominated other than in the currency referred to in subparagraph (ii), into that currency, for the purposes of making a return under subsection (4),<\/p>\n<p>(c)in respect of the requirement imposed on the platform operators by subsection (6), the procedures to be put in place by a reporting platform operator for the purposes of identifying when a seller becomes a reportable seller,<\/p>\n<p>(d)in respect of the requirement imposed on platform operators by subsection (7)(b), the procedures to be followed where, and the requirements to be satisfied before, a platform operator &#8211;<\/p>\n<p>(i)withholds payment of consideration pursuant to subsection (7)(b)(i)(I),<\/p>\n<p>(ii)closes the account of a reportable seller and prevents a reportable seller from reopening the account pursuant to paragraph (b)(i)(II) or (ba) of subsection (7),<\/p>\n<p>(iii)prevents a reportable seller from opening another account pursuant to subsection (7)(b)(ii), or<\/p>\n<p>(iv)pays any consideration pursuant to subsection (7)(ba),<\/p>\n<p>(v)[deleted]<\/p>\n<p>(vi)[deleted]<\/p>\n<p>(e)the records and documents that are required to be provided by the seller, that is not an excluded seller, to the reporting platform operator to enable the reporting platform operator to comply with the obligations imposed by paragraph (b), (c), (d) or (e), as the case may be, of subsection (5),<\/p>\n<p>(f)the records and documents provided by the seller, that is not an excluded seller, to the reporting platform operator to enable the reporting platform operator to comply with the obligations imposed by paragraph (b), (c), (d) or (e), as the case may be, of subsection (5) that are required to be retained by the reporting platform operator,<\/p>\n<p>(g)the appointment of a third party by a reporting platform operator to carry out the duties and obligations imposed on it by this section or regulations made under this section,<\/p>\n<p>(h)in relation to any of the matters specified in paragraphs (a) to (g), the manner in which records shall be kept and the period for the retention of records so kept as provided for in subparagraph (1) of paragraph B of Section IV of Annex V to the Directive, and<\/p>\n<p>(i)such supplemental and incidental matters as appear to the Revenue Commissioners to be necessary &#8211;<\/p>\n<p>(i)to enable persons to fulfil their obligations under the regulations, or<\/p>\n<p>(ii)for the general administration and implementation of the regulations.<\/p>\n<p>(11)Every regulation made under this section shall be laid before D\u00e1il \u00c9ireann as soon as may be after it is made and, if a resolution annulling the regulation is passed by D\u00e1il \u00c9ireann within the next 21 days on which D\u00e1il \u00c9ireann has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.<\/p>\n<p>(12)The Revenue Commissioners may authorise in writing any of their officers to exercise any powers to perform any acts or discharge any functions conferred by this section or regulations made under this section.<\/p>\n<p>(13)Subject to subsection (14), a Revenue officer authorised under subsection (12) may at all reasonable times enter any premises or place of business of a reporting platform operator for the purposes of &#8211;<\/p>\n<p>(a)enquiring into, and determining, whether information regarding a relevant activity &#8211;<\/p>\n<p>(i)included in a return made under subsection (4) or regulations made under this section by the reporting platform operator was correct and complete, or<\/p>\n<p>(ii)not included in such a return was correctly not so included, or<\/p>\n<p>(b)examining the procedures put in place by the reporting platform operator for the purposes of ensuring compliance with that platform operator&#8217;s obligations under this section or regulations made under this section.<\/p>\n<p>(14)An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling without a warrant issued under subsection (15) authorising the entry.<\/p>\n<p>(15)A judge of the District Court, if satisfied on the sworn evidence of an authorised officer that &#8211;<\/p>\n<p>(a)there are reasonable grounds for suspecting that any information or records, as the authorised officer may reasonably require for the purposes of his or her functions under this section, is or are held on any premises or part of any premises, and<\/p>\n<p>(b)an authorised officer, in the performance of his or her functions under this section has been prevented from entering the premises or any part thereof,<\/p>\n<p>may issue a warrant authorising the authorised officer, accompanied if necessary by other persons, at any time or times within 30 days from the date of issue of the warrant and on production if so requested of the warrant, to enter, if need be by reasonable force, the premises or part of the premises concerned and perform all or any of the functions conferred on the authorised officer under this section.<\/p>\n<p>(16)<\/p>\n<p>(a)Subject to paragraph (b), section 898O shall apply to &#8211;<\/p>\n<p>(i)a failure by a reporting platform operator to make a return required under subsection (4) or regulations made under this section, and<\/p>\n<p>(ii)the making of an incorrect or incomplete return under subsection (4) or regulations made under this section,<\/p>\n<p>as it applies to a failure to deliver a return or to the making of an incorrect or incomplete return referred to in section 898O.<\/p>\n<p>(b)A penalty shall not be imposed on a platform operator under section 898O for the making of an incorrect or incomplete return referred to in paragraph (a)(ii) where &#8211;<\/p>\n<p>(i)the platform operator makes an incomplete or incorrect return solely due to the failure by a reportable seller to provide the relevant information under subsection (7)(a), and<\/p>\n<p>(ii)the platform operator has complied with the procedures set out in paragraphs (b) and (ba) of subsection (7) and in any regulations made under subsection (10)(d) with respect to the failure by the reportable seller as referred to in subparagraph (i).<\/p>\n<p>(c)A person who does not comply with &#8211;<\/p>\n<p>(i)the requirements of a Revenue officer in the exercise or performance of the officer&#8217;s powers or duties under this section or regulations made under this section, or<\/p>\n<p>(ii)any requirement of such regulations, shall be liable to a penalty of \u20ac1,265.<\/p>\n<p>(17)Where arrangements are entered into by any person and the main purpose or one of the main purposes of the arrangements, or any part of them, is the avoidance of any of the obligations imposed under this section or regulations made under this section, then this section and those regulations shall apply as if the arrangements, or that part of them, had not been entered into.<\/p>\n<p>(18)A word or expression which is used in this section or in regulations made under this section and which is also used in the Directive has, unless the context otherwise requires, the same meaning in this section or in those regulations as it has in the Directive.<\/p>\n<p>(19)Sections 888 and 890 shall not apply to a reporting platform operator where that reporting platform operator has fulfilled the obligations imposed under this section and regulations made under this section.<\/p>\n<p>(20)<\/p>\n<p>(a)Where an enquiry under this section is in respect of a return &#8211;<\/p>\n<p>(i)that contains, or that an authorised DAC officer believes should contain, information referred to in subsection (5)(d)(iv), or<\/p>\n<p>(ii)in respect of which the authorised DAC officer believes the reportable seller is not the beneficial owner of the consideration paid,<\/p>\n<p>then such authorised DAC officer shall also have access to the mechanisms, procedures, documents and information referred to in &#8211;<\/p>\n<p>(I)Articles 13, 30, 31, 32a and 40 of the AML Directive, and<\/p>\n<p>(II)any provisions of the law of the State transposing the said Articles 13, 30, 31, 32a and 40.<\/p>\n<p>(b)For the purposes of an enquiry referred to in paragraph (a), an authorised DAC officer, in particular &#8211;<\/p>\n<p>(i)shall have access to the Central Register of Beneficial Ownership of Companies and Industrial and Provident Societies, the Central Register of Beneficial Ownership of Irish Collective Asset-management Vehicles, Credit Unions and Unit Trusts, the Central Register of Beneficial Ownership of Trusts and the Central Mechanism of Ownership of Bank and Payment Accounts and Safe-Deposit Boxes, and<\/p>\n<p>(ii)may, by notice in writing, require a designated person to deliver to the officer, within a period specified in the notice, such information (including copies of any relevant books, records or other documents) as is relevant to the compliance with any obligation imposed on the designated person by Chapter 3 of Part 4 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 and retained by that designated person under section 55 of that Act.<\/p>\n<p>(c)For the purpose of a notice served under paragraph (b)(ii) the period to be specified in it shall not be less than 14 days.<\/p>\n<p>(d)Where an authorised DAC officer &#8211;<\/p>\n<p>(i)accesses any of the registers or information system referred to in paragraph (b)(i), the beneficial owner concerned shall be notified in writing by the authorised DAC officer of the access to the register or information system &#8211;<\/p>\n<p>(I)in a case where the identity of the beneficial owner concerned is known to the authorised DAC officer at the time the register or information system is accessed, at that time or as soon as practicable thereafter, and<\/p>\n<p>(II)in any other case, as soon as practicable after the identity of the beneficial owner concerned becomes known to the authorised DAC officer,<\/p>\n<p>or<\/p>\n<p>(ii)serves a notice under paragraph (b)(ii), the beneficial owner concerned shall be notified in writing by the authorised DAC officer of the service of the notice and of the name of the person upon whom it was served &#8211;<\/p>\n<p>(I)in a case where the identity of the beneficial owner concerned is known to the authorised DAC officer at the time the notice is served, at that time or as soon as practicable thereafter, and<\/p>\n<p>(II)in any other case, as soon as practicable after the identity of the beneficial owner concerned becomes known to the authorised DAC officer.<\/p>\n<p>(e)The Data Protection Act 2018 shall apply to the access that this subsection affords to an authorised DAC officer in respect of the information in the registers or information system referred to in paragraph (b)(i) and the information referred to in paragraph (b)(ii).<\/p>\n<p>(f)On there being made of the Registrar of Beneficial Ownership of Companies and Industrial and Provident Societies, the Registrar of Beneficial Ownership of Irish Collective Asset-management Vehicles, Credit Unions and Unit Trusts, the Registrar of Beneficial Ownership of Trusts or, in the case of the Central Mechanism of Ownership of Bank and Payment Accounts and Safe-Deposit Boxes, the Central Bank of Ireland, as the case may be, by an authorised officer, a request for access, in accordance with paragraph (b)(i), to a register or information system referred to in paragraph (b)(i), the Registrar concerned, or the Central Bank of Ireland, as the case may be, shall afford the authorised DAC officer access, in a timely manner to the register or information system.<\/p>\n<p>(g)An authorised DAC officer may require a designated person to provide any such additional information, explanations and particulars and to give all assistance to him or her which the authorised DAC officer may reasonably require for the purpose of inspecting the information delivered to him or her under paragraph (b)(ii).<\/p>\n<p>891J.<\/p>\n<h4>Return of certain information by Reporting Platform Operators<\/h4>\n<p>(1)This section provides for the collection and reporting of certain information by reporting platform operators in respect of relevant activities undertaken by reportable sellers on their platforms.<\/p>\n<p>(2)In this section &#8211;<\/p>\n<p>&#8216;active seller&#8217;, &#8216;additional activity&#8217;, &#8216;agreement in effect&#8217;, &#8216;consideration&#8217;, &#8216;entity&#8217;, &#8216;excluded seller&#8217;, &#8216;financial account identifier&#8217;, &#8216;goods&#8217;, &#8216;platform&#8217;, &#8216;platform operator&#8217;, &#8216;primary address&#8217;, &#8216;property listing&#8217;, &#8216;relevant activity&#8217;, &#8216;relevant service&#8217;, &#8216;reportable jurisdiction&#8217;, &#8216;reportable period&#8217;, &#8216;reportable seller&#8217;, &#8216;reporting platform operator&#8217;, &#8216;seller&#8217; and &#8216;TIN&#8217; have the same meaning as in the Model Rules;<\/p>\n<p>&#8216;excluded platform operator&#8217; means a platform operator registered under subsection (3) that demonstrates to the satisfaction of the Revenue Commissioners under paragraph (d) of that subsection that the excluded platform operator is not a reporting platform operator to which subsections (4) and (5) apply;<\/p>\n<p>&#8216;Model Rules&#8217; means the Model Rules for Reporting by Platform Operators with respect to Sellers in the Sharing and Gig Economy approved by the Organisation for Economic Cooperation and Development on 29 June 2020 and the Model Reporting Rules for Digital Platforms: International Exchange Framework and Optional Module for Sale of Goods approved by the Organisation for Economic Cooperation and Development on 17 June 2021;<\/p>\n<p>&#8216;partner jurisdiction&#8217; means any jurisdiction outside the State with which the State has an agreement or arrangement in effect under section 826(1B) pursuant to which the State may exchange on an automatic basis the information specified in subsection (5);<\/p>\n<p>&#8216;Platform Operator ID&#8217; means a unique individual identification number assigned to a platform operator by the Revenue Commissioners;<\/p>\n<p>&#8216;relevant information&#8217; has the meaning given to it by subsection (7)(a).<\/p>\n<p>(3)<\/p>\n<p>(a)Subject to paragraph (b), a platform operator that &#8211;<\/p>\n<p>(i)is resident in the State for tax purposes, or<\/p>\n<p>(ii)is not resident in the State or in any other jurisdiction but &#8211;<\/p>\n<p>(I)is incorporated in the State,<\/p>\n<p>(II)has a place of management in the State, or<\/p>\n<p>(III)has a permanent establishment in the State,<\/p>\n<p>shall register with the Revenue Commissioners as a platform operator for the purposes of this section.<\/p>\n<p>(b)The Revenue Commissioners shall assign a Platform Operator ID to a platform operator referred to in paragraph (a)(ii).<\/p>\n<p>(c)A platform operator that satisfies one or more of the conditions set out in clauses (I) to (III) of paragraph (a)(ii) and also satisfies those conditions in a partner jurisdiction shall not register with the Revenue Commissioners if it elects to register as a platform operator for the purposes of the Model Rules in that partner jurisdiction and notifies the Revenue Commissioners in writing of that election.<\/p>\n<p>(d)An excluded platform operator shall make a return, by 31 January of the year immediately following the end of the reportable period, to the Revenue Commissioners confirming that the excluded platform operator has not facilitated any relevant activity in the reportable period and provide such particulars as are necessary to demonstrate that the excluded platform operator is not a reporting platform operator to which subsections (4) and (5) apply.<\/p>\n<p>(4)A reporting platform operator registered in the State for the purposes of this section shall, by 31 January of the year immediately following the end of the reportable period &#8211;<\/p>\n<p>(a)make a return under this section to the Revenue Commissioners, and<\/p>\n<p>(b)provide to a reportable seller a copy of the information contained in that return in respect of such reportable seller.<\/p>\n<p>(5)A return made under subsection (4) shall contain &#8211;<\/p>\n<p>(a)the following details in respect of a reporting platform operator:<\/p>\n<p>(i)the name of the reporting platform operator;<\/p>\n<p>(ii)the registered office address of the reporting platform operator;<\/p>\n<p>(iii)the TIN of the reporting platform operator;<\/p>\n<p>(iv)the Platform Operator ID, where one has been assigned by the Revenue Commissioners;<\/p>\n<p>(v)the business name of each platform in respect of which the reporting platform operator is reporting,<\/p>\n<p>(b)the following details in respect of reportable sellers who are individuals:<\/p>\n<p>(i)the first name and last name of each reportable seller;<\/p>\n<p>(ii)the primary address of each reportable seller;<\/p>\n<p>(iii)the TIN issued to each reportable seller;<\/p>\n<p>(iv)the jurisdiction of issuance of the TIN;<\/p>\n<p>(v)the date of birth of each reportable seller,<\/p>\n<p>(c)the following details in respect of reportable sellers who are not individuals:<\/p>\n<p>(i)the legal name of each reportable seller;<\/p>\n<p>(ii)the primary address of each reportable seller;<\/p>\n<p>(iii)any TIN issued to each reportable seller, and where a reportable seller has a TIN issued by more than one jurisdiction, the jurisdiction of issuance of each TIN;<\/p>\n<p>(iv)the business registration number of each reportable seller,<\/p>\n<p>(d)the following details in respect of all reportable sellers:<\/p>\n<p>(i)the total consideration paid or credited to each reportable seller during each quarter of the reportable period and the number of relevant activities in respect of which the consideration was paid or credited;<\/p>\n<p>(ii)any fees, commissions or taxes withheld or charged by the reporting platform operator with respect to each reportable seller during each quarter of the reportable period;<\/p>\n<p>(iii)the financial account identifier of each reportable seller, insofar as the financial account identifier is available to the reporting platform operator;<\/p>\n<p>(iv)where different from the name of a reportable seller, the name of the holder of the financial account to which the consideration is paid or credited, to the extent available to the reporting platform operator, as well as any other financial identification information available to the reporting platform operator with respect to that account holder;<\/p>\n<p>(v)each jurisdiction in which each reportable seller is resident, as determined pursuant to paragraph D of Section II of the Model Rules for Reporting by Platform Operators with respect to Sellers in the Sharing and Gig Economy approved by the Organisation for Economic Cooperation and Development on 29 June 2020,<\/p>\n<p>(e)where the relevant activity of a reportable seller involves the rental of immovable property, in addition to the information specified in paragraphs (b) to (d), the following information in respect of each reportable seller:<\/p>\n<p>(i)the address of each property listing;<\/p>\n<p>(ii)the unique identifier, or identifiers, allocated under the Registration of Title Act 1964 to the land of each property listing, if available, or its equivalent under the law of the jurisdiction where it is located, where available;<\/p>\n<p>(iii)the total consideration paid or credited during each quarter of the reportable period and the number of relevant activities provided with respect to each property listing;<\/p>\n<p>(iv)where available, the number of days each property listing was rented during the reportable period and the type of each property listing,<\/p>\n<p>and<\/p>\n<p>(f)such other information as may be prescribed in regulations made by the Revenue Commissioners under subsection (9).<\/p>\n<p>(6)A reporting platform operator shall put in place such procedures as may be prescribed in regulations under subsection (10)(c) to identify when a seller becomes a reportable seller.<\/p>\n<p>(7)<\/p>\n<p>(a)A seller, that is not an excluded seller, shall provide to the reporting platform operator such information as is necessary for that reporting platform operator to comply with the reporting obligations imposed under subsection (5) (referred to in this subsection as the &#8216;relevant information&#8217;).<\/p>\n<p>(b)Where a reportable seller does not provide the relevant information to the reporting platform operator, the reporting platform operator, on the day immediately following the expiration of the period referred to in paragraph (c)(ii) (referred to in this paragraph as the &#8216;first-mentioned date&#8217;), shall &#8211;<\/p>\n<p>(i)where the reporting platform operator processes payments of consideration on behalf of the reportable seller &#8211;<\/p>\n<p>(I)withhold payment of any consideration due to the reportable seller,<\/p>\n<p>(II)prevent the reportable seller from connecting with other users of the platform for the purpose of arranging relevant activities, and<\/p>\n<p>(III)prevent the reportable seller from opening another account with that reporting platform operator,<\/p>\n<p>until such time as the relevant information has been provided, and if the relevant information is not provided by the reportable seller to the reporting platform operator within 24 months of the first-mentioned date &#8211;<\/p>\n<p>(A)pay any consideration referred to in subparagraph (i)(I) to the reportable seller,<\/p>\n<p>(B)close the account of the reportable seller, and<\/p>\n<p>(C)prevent the reportable seller from reopening the account, or from opening a new account with the reporting platform operator, until such time as the relevant information has been provided,<\/p>\n<p>or<\/p>\n<p>(ii)where the reporting platform operator does not process payments of consideration on behalf of the reportable seller &#8211;<\/p>\n<p>(I)close the account of the reportable seller, and<\/p>\n<p>(II)prevent the reportable seller from reopening the account, or from opening a new account with the reporting platform operator, until such time as the relevant information has been provided.<\/p>\n<p>(c)A reporting platform operator shall not take any action referred to in paragraph (b) before &#8211;<\/p>\n<p>(i)the reporting platform operator has issued 2 reminders in writing to the reportable seller following the initial request for relevant information, and<\/p>\n<p>(ii)60 days have passed from the date on which the second reminder referred to in subparagraph (i) has been issued.<\/p>\n<p>(8)A reporting platform operator may, subject to such conditions relating to the appointment of a third party as may be prescribed in regulations made under this section, appoint a third party to carry out the duties and obligations imposed on it by this section.<\/p>\n<p>(9)The Revenue Commissioners, with the consent of the Minister for Finance, may make regulations under this section with respect to the registration of platform operators with the Revenue Commissioners and the return by a reporting platform operator of information regarding relevant activities undertaken by reportable sellers on their platform.<\/p>\n<p>(10)Regulations made under this section may (without prejudice to the generality of subsection (9)), in particular, include provision for &#8211;<\/p>\n<p>(a)in respect of the requirements imposed on platform operators by subsection (3), the period within which such requirements shall be satisfied,<\/p>\n<p>(b)in respect of a return required to be made under subsection (4) &#8211;<\/p>\n<p>(i)the manner in which returns are to be made,<\/p>\n<p>(ii)the currency in which the reporting platform operator is required to report, and<\/p>\n<p>(iii)the rules for conversion of amounts, denominated other than in the currency referred to in subparagraph (ii), into that currency, for the purposes of making a return under subsection (4),<\/p>\n<p>(c)in respect of the requirement imposed on the platform operators by subsection (6), the procedures to be put in place by a reporting platform operator for the purposes of identifying when a seller becomes a reportable seller,<\/p>\n<p>(d)in respect of the requirement imposed on platform operators by subsection (7)(b), the procedures to be followed where, and the requirements to be satisfied before, a platform operator &#8211;<\/p>\n<p>(i)withholds payment of consideration pursuant to subsection (7)(b)(i)(I),<\/p>\n<p>(ii)prevents a reportable seller from connecting with other users of the platform pursuant to subsection (7)(b)(i)(II),<\/p>\n<p>(iii)prevents a reportable seller from opening another account pursuant to subsection (7)(b)(i)(III),<\/p>\n<p>(iv)pays any consideration pursuant to subsection (7)(b)(i)(A),<\/p>\n<p>(v)closes the account of a reportable seller pursuant to subsection (7)(b)(i)(B) or subsection (7)(b)(ii)(I), or<\/p>\n<p>(vi)prevents the reportable seller from reopening an account, or from opening a new account, pursuant to subsection (7)(b)(i)(C) or subsection (7)(b)(ii)(II),<\/p>\n<p>(e)the records and documents that are required to be provided by the seller, that is not an excluded seller, to the reporting platform operator to enable the reporting platform operator to comply with the obligations imposed by paragraph (b), (c), (d) or (e), as the case may be, of subsection (5),<\/p>\n<p>(f)the records and documents provided by the seller, that is not an excluded seller, to the reporting platform operator to enable the reporting platform operator to comply with the obligations imposed by paragraph (b), (c), (d) or (e), as the case may be, of subsection (5) that are required to be retained by the reporting platform operator,<\/p>\n<p>(g)the appointment of a third party by a reporting platform operator to carry out the duties and obligations imposed on it by this section or regulations made under this section,<\/p>\n<p>(h)in relation to any of the matters specified in paragraphs (a) to (g), the manner in which records shall be kept and the period for the retention of records so kept as provided for in paragraph (3) of Section IV of the Model Rules for Reporting by Platform Operators with respect to Sellers in the Sharing and Gig Economy approved by the Organisation for Economic Cooperation and Development on 29 June 2020, and<\/p>\n<p>(i)such supplemental and incidental matters as appear to the Revenue Commissioners to be necessary &#8211;<\/p>\n<p>(i)to enable persons to fulfil their obligations under the regulations, or<\/p>\n<p>(ii)for the general administration and implementation of the regulations.<\/p>\n<p>(11)Every regulation made under this section shall be laid before D\u00e1il \u00c9ireann as soon as may be after it is made and, if a resolution annulling the regulation is passed by D\u00e1il \u00c9ireann within the next 21 days on which D\u00e1il \u00c9ireann has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.<\/p>\n<p>(12)The Revenue Commissioners may authorise in writing any of their officers to exercise any powers to perform any acts or discharge any functions conferred by this section or regulations made under this section.<\/p>\n<p>(13)Subject to subsection (14), a Revenue officer authorised under subsection (12) may at all reasonable times enter any premises or place of business of a reporting platform operator for the purposes of &#8211;<\/p>\n<p>(a)enquiring into, and determining, whether information regarding a relevant activity &#8211;<\/p>\n<p>(i)included in a return made under subsection (4), or regulations made under this section, by the reporting platform operator was correct and complete, or<\/p>\n<p>(ii)not included in such a return was correctly not so included, or<\/p>\n<p>(b)examining the procedures put in place by the reporting platform operator for the purposes of ensuring compliance with that platform operator&#8217;s obligations under this section or regulations made under this section.<\/p>\n<p>(14)An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling without a warrant issued under subsection (15) authorising the entry.<\/p>\n<p>(15)A judge of the District Court, if satisfied on the sworn evidence of an authorised officer that &#8211;<\/p>\n<p>(a)there are reasonable grounds for suspecting that any information or records, as the authorised officer may reasonably require for the purposes of his or her functions under this section, is or are held on any premises or part of any premises, and<\/p>\n<p>(b)an authorised officer, in the performance of his or her functions under this section has been prevented from entering the premises or any part thereof,<\/p>\n<p>may issue a warrant authorising the authorised officer, accompanied if necessary by other persons, at any time or times within 30 days from the date of issue of the warrant and on production if so requested of the warrant, to enter, if need be by reasonable force, the premises or part of the premises concerned and perform all or any of the functions conferred on the authorised officer under this section.<\/p>\n<p>(16)<\/p>\n<p>(a)Subject to paragraph (b), section 898O shall apply to &#8211;<\/p>\n<p>(i)a failure by a reporting platform operator to make a return required under subsection (4) or regulations made under this section, and<\/p>\n<p>(ii)the making of an incorrect or incomplete return under subsection (4) or regulations made under this section,<\/p>\n<p>as it applies to a failure to deliver a return or to the making of an incorrect or incomplete return referred to in section 898O.<\/p>\n<p>(b)A penalty shall not be imposed on a platform operator under section 898O for the making of an incorrect or incomplete return referred to in paragraph (a)(ii) where &#8211;<\/p>\n<p>(i)the platform operator makes an incomplete or incorrect return solely due to the failure by a reportable seller to provide the relevant information under subsection (7)(a), and<\/p>\n<p>(ii)the platform operator has complied with the procedures set out in subsection (7)(b) and in any regulations made under subsection (10)(d) with respect to the failure by the reportable seller as referred to in subparagraph (i).<\/p>\n<p>(c)A person who does not comply with &#8211;<\/p>\n<p>(i)the requirements of a Revenue officer in the exercise or performance of the officer&#8217;s powers or duties under this section or regulations made under this section, or<\/p>\n<p>(ii)any requirement of such regulations,<\/p>\n<p>shall be liable to a penalty of \u20ac1,265.<\/p>\n<p>(17)Where arrangements are entered into by any person and the main purpose or one of the main purposes of the arrangements, or any part of them, is the avoidance of any of the obligations imposed under this section or regulations made under this section, then this section and those regulations shall apply as if the arrangements, or that part of them, had not been entered into.<\/p>\n<p>(18)A word or expression which is used in this section or in regulations made under this section and which is also used in the Model Rules has, unless the context otherwise requires, the same meaning in this section or in those regulations as it has in the Model Rules.<\/p>\n<p>(19)Sections 888 and 890 shall not apply to a reporting platform operator where that reporting platform operator has fulfilled the obligations imposed under this section and regulations made under this section.<\/p>\n<p>(20)This section shall not apply to a reportable seller and a relevant activity in respect of which a reporting platform operator has made a return under section 891I.<\/p>\n<p>891K.<\/p>\n<h4>Implementation of Council Directive (EU) 2021\/514 of 22 March 2021 amending Directive 2011\/16\/EU on administrative cooperation in the field of taxation in relation to presence requests<\/h4>\n<p>(1)For the purpose of this section &#8211;<\/p>\n<p>&#8216;administrative enquiry&#8217; means any control, check or other action carried out by an authorised officer by virtue of Regulation 14 of the Regulations of 2012;<\/p>\n<p>&#8216;authorised officer&#8217; means a person appointed as an authorised officer under Regulation 12 of the Regulations of 2012;<\/p>\n<p>&#8216;books, records or other documents&#8217; has the same meaning as in section 900(1);<\/p>\n<p>&#8216;competent authority&#8217; means the authority designated as such by a Member State for the purposes of the Directive and, in relation to the State, means the Revenue Commissioners;<\/p>\n<p>&#8216;Directive&#8217; means Council Directive 2011\/16\/EU of 15 February 2011 as amended by Council Directive 2014\/107\/EU of 9 December 2014, Council Directive (EU) 2015\/2376 of 8 December 2015 , Council Directive (EU) 2016\/881 of 25 May 2016 , Council Directive (EU) 2016\/2258 of 6 December 2016 , Council Directive (EU) 2018\/822 of 25 May 2018 , Council Directive (EU) 2020\/876 of 24 June 2020 and Council Directive (EU) 2021\/514 of 22 March 2021 ;<\/p>\n<p>&#8216;foreign tax official&#8217; means an official who is &#8211;<\/p>\n<p>(a)authorised by the requesting authority pursuant to Article 11.1 of the Directive to act in the capacity of a competent authority on behalf of the Member State concerned, or<\/p>\n<p>(b)authorised by the requesting authority under the Directive to assist or represent the official referred to in paragraph (a) in the performance of his or her functions;<\/p>\n<p>&#8216;nominated officer&#8217; means a foreign tax official to whom a written authorisation has been given to perform the functions conferred by virtue of this section;<\/p>\n<p>&#8216;requested authority&#8217; means the Revenue Commissioners;<\/p>\n<p>&#8216;Regulations of 2012&#8217; means the European Union (Administrative Cooperation in the Field of Taxation) Regulations 2012 (S.I. No. 549 of 2012);<\/p>\n<p>&#8216;written authorisation&#8217; has the meaning given to it by subsection (2).<\/p>\n<p>(2)For the purposes of the performance of the functions conferred by virtue of this section on a foreign tax official, the Revenue Commissioners may issue an authorisation in writing (in this section referred to as a &#8216;written authorisation&#8217;) to such foreign tax official which shall contain &#8211;<\/p>\n<p>(a)the name of the foreign tax official and a statement that he or she is a nominated officer,<\/p>\n<p>(b)a photograph and signature of that official,<\/p>\n<p>(c)particulars of that official&#8217;s authorisation under this section,<\/p>\n<p>(d)the duration of the written authorisation,<\/p>\n<p>(e)the name of the person who is the subject of the administrative enquiry concerned,<\/p>\n<p>(f)a hologram showing the logo of the Office of the Revenue Commissioners, and<\/p>\n<p>(g)the facsimile signature of a Revenue Commissioner.<\/p>\n<p>(3)Subject to subsections (4) and (5), a foreign tax official may, by agreement between the requested authority and the requesting authority and in accordance with the arrangements laid down by the requested authority, with a view to exchanging information for the purposes of the Directive &#8211;<\/p>\n<p>(a)be present in the offices where the requested authority performs its functions,<\/p>\n<p>(b)be present during administrative enquiries carried out by the requested authority, and<\/p>\n<p>(c)participate, by electronic means where appropriate, in the administrative enquiries carried out by the requested authority.<\/p>\n<p>(4)A foreign tax official may only be present or participate in administrative enquiries, pursuant to subsection (3), where such foreign tax official is a nominated officer.<\/p>\n<p>(5)In respect of a nominated officer being present or participating in administrative enquiries pursuant to subsection (3), that presence or participation in such enquiries means &#8211;<\/p>\n<p>(a)reviewing books, records or other documents to which the competent authority has access for the purposes of the enquiry concerned, and<\/p>\n<p>(b)requesting, from any person present during the course of the enquiry concerned, reasonable assistance, including providing information and explanations required by the nominated officer, where such assistance, information and explanations would be available to the competent authority for the purposes of the enquiry concerned,<\/p>\n<p>to the extent that &#8211;<\/p>\n<p>(i)such presence or participation by the nominated officer relates solely to the requested information, and<\/p>\n<p>(ii)any information sought by the nominated officer relates solely to the requested information.<\/p>\n<p>(6)Nothing in this section shall be construed as permitting a nominated officer to carry out any enquiries other than when participating in administrative enquiries commenced and carried out by the competent authority.<\/p>\n<p>(7)A nominated officer performing the functions conferred on him or her by virtue of this section shall, on request, produce &#8211;<\/p>\n<p>(a)his or her written authorisation, and<\/p>\n<p>(b)his or her authorisation from the requesting authority stating his or her identity and official capacity.<\/p>\n<p>(8)Where, in the performance of any functions under this section in relation to him or her, a nominated officer is requested to produce or show his or her authorisation for the purposes of this section, the production by the nominated officer of his or her written authorisation &#8211;<\/p>\n<p>(a)shall be taken as evidence of authorisation under this section, and<\/p>\n<p>(b)shall satisfy an obligation under this section which requires the nominated officer to produce such authorisation on request.<\/p>\n<p>(9)A word or expression which is used in this section and which is also used in the Directive has, unless the context otherwise requires, the same meaning in this section as it has in the Directive.<\/p>\n<p>891L.<\/p>\n<h4>Implementation of Council Directive (EU) 2021\/514 of 22 March 2021 amending Directive 2011\/16\/EU on administrative cooperation in the field of taxation in relation to joint audits.<\/h4>\n<p>(1)In this section &#8211;<\/p>\n<p>&#8216;authorised officer&#8217; means an authorised officer within the meaning of section 905;<\/p>\n<p>&#8216;competent authority&#8217; means the authority designated as such by a Member State for the purposes of the Directive and, in relation to the State, means the Revenue Commissioners;<\/p>\n<p>&#8216;Directive&#8217; means Council Directive 2011\/16\/EU of 15 February 2011 as amended by Council Directive 2014\/107\/EU of 9 December 2014 , Council Directive (EU) 2015\/2376 of 8 December 2015 , Council Directive (EU) 2016\/881 of 25 May 2016 , Council Directive (EU) 2016\/2258 of 6 December 2016 , Council Directive (EU) 2018\/822 of 25 May 2018 , Council Directive (EU) 2020\/876 of 24 June 2020 and Council Directive (EU) 2021\/514 of 22 March 2021 ;<\/p>\n<p>&#8216;foreign tax official&#8217; means an official of a requesting authority who is &#8211;<\/p>\n<p>(a)authorised by the requesting authority to exercise the power specified in paragraph (3)(a) of Article 12a of the Directive to interview individuals and examine records on behalf of the Member State concerned, or<\/p>\n<p>(b)authorised by the requesting authority under the Directive to assist or represent the official referred to in paragraph (a) in the performance of his or her functions;<\/p>\n<p>&#8216;joint audit&#8217; means an administrative enquiry &#8211;<\/p>\n<p>(a)jointly conducted by the Revenue Commissioners and the competent authority of another Member State, and<\/p>\n<p>(b)linked to one or more persons of common or complementary interest to the Revenue Commissioners and that competent authority;<\/p>\n<p>&#8216;nominated officer&#8217; means a foreign tax official authorised by the Revenue Commissioners under subsection (5) to be a nominated officer;<\/p>\n<p>&#8216;records&#8217; has the same meaning as it has in section 905;<\/p>\n<p>&#8216;Revenue officer&#8217; means an officer of the Revenue Commissioners.<\/p>\n<p>(2)A requesting authority may request the Revenue Commissioners to conduct a joint audit.<\/p>\n<p>(3)The Revenue Commissioners shall respond to a request under subsection (2) within 60 days of the date of receipt of that request.<\/p>\n<p>(4)Where a joint audit is requested under subsection (2), the Revenue Commissioners may reject such a request where there are justified grounds for doing so.<\/p>\n<p>(5)The Revenue Commissioners may, by authorisation issued in writing (in this section referred to as a &#8216;written authorisation&#8217;), authorise a foreign tax official to be a nominated officer in respect of a joint audit and to perform any of the functions conferred on a nominated officer under this section for the purposes of the joint audit.<\/p>\n<p>(6)A written authorisation shall contain &#8211;<\/p>\n<p>(a)the name of the foreign tax official,<\/p>\n<p>(b)a statement to the effect that the foreign tax official is &#8211;<\/p>\n<p>(i)a tax official of a specified requesting authority, and<\/p>\n<p>(ii)a nominated officer,<\/p>\n<p>(c)a photograph and signature of the foreign tax official,<\/p>\n<p>(d)particulars of the authorisation under this section of the foreign tax official,<\/p>\n<p>(e)the duration of the written authorisation,<\/p>\n<p>(f)the name of the person who is the subject of the joint audit concerned,<\/p>\n<p>(g)a hologram showing the logo of the Office of the Revenue Commissioners, and<\/p>\n<p>(h)the facsimile signature of a Revenue Commissioner.<\/p>\n<p>(7)Where a request for a joint audit under subsection (2) is accepted by the Revenue Commissioners, the joint audit shall be conducted in a pre-agreed and coordinated manner, including linguistic arrangements, by the Revenue Commissioners and the competent authority of the requesting State, in accordance with this Act, any other law of the State and any procedural requirements applicable to such an audit in the State.<\/p>\n<p>(8)The Revenue Commissioners shall, for the purposes of a joint audit, appoint an authorised officer to be responsible for supervising and co- ordinating the joint audit in the State.<\/p>\n<p>(9)Subject to subsections (10), (11) and (12), a nominated officer may &#8211;<\/p>\n<p>(a)accompany an authorised officer during a joint audit, and<\/p>\n<p>(b)for the purposes of conducting the joint audit &#8211;<\/p>\n<p>(i)interview individuals, and<\/p>\n<p>(ii)examine records.<\/p>\n<p>(10)A nominated officer shall not perform any function under this section that would exceed the scope of the functions granted to the nominated officer under the laws of the requesting authority.<\/p>\n<p>(11)Nothing in this section shall be construed as requiring any person to disclose to a nominated officer &#8211;<\/p>\n<p>(a)information with respect to which a claim to legal professional privilege could be maintained in legal proceedings,<\/p>\n<p>(b)information of a confidential medical nature, or<\/p>\n<p>(c)professional advice of a confidential nature given to a client (other than advice given as part of a dishonest, fraudulent or criminal purpose).<\/p>\n<p>(12)A nominated officer shall not, without the consent of the occupier, enter any premises, or that portion of any premises, which is occupied wholly and exclusively as a private residence, except on production by an authorised officer of a warrant issued under subsection (2A) of section 905 in which the nominated officer is named pursuant to paragraph (c) of that subsection.<\/p>\n<p>(13)A person who does not comply with any requirement of a nominated officer in the performance of the nominated officer&#8217;s functions under this section shall be liable to a penalty of \u20ac4,000.<\/p>\n<p>(14)A nominated officer when performing his or her functions under this section shall on request produce &#8211;<\/p>\n<p>(a)his or her written authorisation, and<\/p>\n<p>(b)his or her authorisation from the requesting authority stating his or her identity and official capacity.<\/p>\n<p>(15)Where, in the performance of any functions under this section, a nominated officer is requested to produce or show his or her authorisation for the purposes of this section, the production by the nominated officer of his or her written authorisation &#8211;<\/p>\n<p>(a)shall be taken as evidence of authorisation under this section, and<\/p>\n<p>(b)shall satisfy an obligation under this section which requires the nominated officer to produce such authorisation on request.<\/p>\n<p>(16)A written authorisation shall be valid for the duration specified in the authorisation, and in any event, for no longer than the duration of the joint audit in respect of which it is issued, and may at any time be withdrawn by the Revenue Commissioners.<\/p>\n<p>(17)The Revenue Commissioners and the competent authority of the requesting state shall, in relation to a joint audit, endeavour to agree &#8211;<\/p>\n<p>(a)the facts and circumstances relevant to the joint audit, and<\/p>\n<p>(b)the tax position of the person the subject of the joint audit, based on the results of the joint audit.<\/p>\n<p>(18)<\/p>\n<p>(a)The authorised officer responsible for a joint audit and such nominated officer as may be authorised in respect of the joint audit, shall, at the conclusion of the joint audit, prepare a final report detailing the findings of the joint audit, including issues on which the authorised officer and the nominated officer agree.<\/p>\n<p>(b)The person the subject of a joint audit shall be informed of the outcome of the joint audit and provided with a copy of the final report in respect of the joint audit within 60 days of the issuance of the final report.<\/p>\n<p>(19)In determining the actions, if any, to be taken following the conclusion of a joint audit, the Revenue Commissioners shall take into account the issues on which agreement has been reached as part of the joint audit.<\/p>\n<p>(20)A person subject to a joint audit shall have the same rights and obligations as in the case of an enquiry carried out by Revenue officers only, including in the course of any process of complaint, review or appeal relating to the joint audit.<\/p>\n<p>(21)The Revenue Commissioners may delegate to any of their officers any of the functions to be performed by the Revenue Commissioners under this section as the competent authority of the State.<\/p>\n<p>(22)A word or expression which is used in this section and which is also used in the Directive has, unless the context otherwise requires, the same meaning in this section as it has in the Directive.<\/p>\n<p>(23)<\/p>\n<p>(a)Section 851A shall apply to a nominated officer, or a person who was formerly a nominated officer, as it applies to an authorised officer, subject to the modification that references to a \u2018Revenue officer\u2019 in &#8211;<\/p>\n<p>(i)the definition, in subsection (1) of that section, of \u2018taxpayer information\u2019,<\/p>\n<p>(ii)subsections (2), (3) and (4) of that section,<\/p>\n<p>(iii)subsection (8) of that section, insofar as it applies to paragraphs (b), (c), (d) and (i) of that subsection, and<\/p>\n<p>(iv)subject to paragraph (b), subsection (9) of that section,<\/p>\n<p>shall be construed as including a reference to a nominated officer (within the meaning of this section) and a person who was formerly a nominated officer (within the said meaning).<\/p>\n<p>(b)Paragraph (a)(iv) shall not operate to permit the due disclosure in the course of duties of taxpayer information (within the meaning of section 851A) by a service provider (within the said meaning) to a nominated officer or a person who was formerly a nominated officer.<\/p>\n<p>(24)This section shall apply in respect of periods (within the meaning of section 1077F) beginning on or after 1 January 2024.<\/p>\n<p>892. Returns by nominee holders of securities.<br \/>\n(1)In this section, &#8220;securities&#8221; includes &#8211;<\/p>\n<p>(a)shares, stocks, bonds, debentures and debenture stock of a company (within the meaning of section 4(1)) and also any promissory note or other instrument evidencing indebtedness issued to a loan creditor (within the meaning of section 433(6)) of a company,<\/p>\n<p>(b)securities created and issued by the Minister for Finance under the Central Fund (Permanent Provisions) Act, 1965, or under any other statutory powers conferred on that Minister and any stock, debenture, debenture stock, certificate of charge or other security which is issued with the approval of the Minister for Finance given under any Act of the Oireachtas and in respect of which the payment of interest and the repayment of capital is guaranteed by the Minister for Finance under that Act, and<\/p>\n<p>(c)securities of the government of any country or territory outside the State.<\/p>\n<p>(2)Where for any purpose of the Tax Acts any person (in this subsection referred to as &#8220;the holder&#8221;) in whose name any securities are registered is so required by notice in writing given by an inspector, the holder shall, within the time specified in the notice, state whether or not the holder is the beneficial owner of the securities and, if not the beneficial owner of the securities or any of them, shall furnish in respect of each person on whose behalf the securities are registered in the holder&#8217;s name &#8211;<\/p>\n<p>(a)the name and address of such person,<\/p>\n<p>(b)the nominal value of the securities so registered on behalf of such person and, in so far as the securities consist of shares in a company, the number and class of such shares, and<\/p>\n<p>(c)the date on which each security was so registered in the holder&#8217;s name on behalf of such person.<\/p>\n<p>893. Returns by certain intermediaries in relation to UCITS.<br \/>\nDeleted from 15 February 2001<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;distribution&#8221; has the same meaning as it has for the purposes of the Corporation Tax Acts;<\/p>\n<p>&#8220;intermediary&#8221; means any person who provides relevant facilities in relation to a relevant UCITS;<\/p>\n<p>&#8220;relevant Directives&#8221; means Council Directive 85\/611\/EEC of 20 December 1985 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS), and any Directive amending that Directive;<\/p>\n<p>&#8220;relevant facilities&#8221;, in relation to a relevant UCITS, means &#8211;<\/p>\n<p>(a)the marketing in the State of the units of the relevant UCITS,<\/p>\n<p>(b)the acting in the State as an intermediary in the purchase of the units of the relevant UCITS by or on behalf of persons resident in the State or in the sale to such persons of such units, and<\/p>\n<p>(c)the provision in the State on behalf of the relevant UCITS of facilities for the making of payments to holders of its units, the repurchase or redemption of its units or the making available of the information which the relevant UCITS is duly obliged to provide for the purposes of the relevant Directives;<\/p>\n<p>&#8220;relevant UCITS&#8221; means an undertaking which &#8211;<\/p>\n<p>(a)is situated in a member state of the European Communities other than the State,<\/p>\n<p>(b)is a UCITS for the purposes of the relevant Directives, and<\/p>\n<p>(c)markets its units in the State;<\/p>\n<p>&#8220;tax reference number&#8221;, in relation to a person, has the meaning assigned to it by section 885 in relation to a specified person within the meaning of that section;<\/p>\n<p>&#8220;UCITS&#8221; means an undertaking for collective investment in transferable securities to which the relevant Directives relate;<\/p>\n<p>&#8220;units&#8221; includes shares and any other instruments granting an entitlement to &#8211;<\/p>\n<p>(a)share in the investments or income of, or<\/p>\n<p>(b)receive a distribution from,<\/p>\n<p>a relevant UCITS.<\/p>\n<p>(2)For the purposes of the Tax Acts and the Capital Gains Tax Acts, an intermediary shall, if required to do so by notice from an inspector, prepare and deliver to the inspector within such time, not being less than 30 days, as shall be specified in the notice a return of &#8211;<\/p>\n<p>(a)the names and addresses and tax reference numbers of all persons resident in the State in respect of whom the intermediary has in the course of providing relevant facilities in relation to a relevant UCITS during such period as shall be specified in the notice &#8211;<\/p>\n<p>(i)acted as an intermediary in the purchase by or on behalf of any of those persons of units in the relevant UCITS or in the sale to such persons of such units,<\/p>\n<p>(ii)provided facilities for the making of payments by the relevant UCITS to any of those persons who hold units of the relevant UCITS, and<\/p>\n<p>(iii)provided facilities for the repurchase or redemption of units of the relevant UCITS held by any of those persons,<\/p>\n<p>and<\/p>\n<p>(b)where appropriate, in respect of each such person &#8211;<\/p>\n<p>(i)the name and address of each relevant UCITS &#8211;<\/p>\n<p>(I)the units of which have been so purchased by or on behalf of or sold to that person in that period,<\/p>\n<p>(II)on whose behalf facilities have been provided for the making of payments by the relevant UCITS to that person in that period, and<\/p>\n<p>(III)on whose behalf facilities have been provided for the repurchase or redemption by the relevant UCITS in that period of units in the relevant UCITS held by that person,<\/p>\n<p>and<\/p>\n<p>(ii)<\/p>\n<p>(I)the value or total value of the units so purchased by or on behalf of or sold to that person,<\/p>\n<p>&nbsp;<\/p>\n<p>(II)the amount of the payments so made by the relevant UCITS to that person, and<\/p>\n<p>(III)the value or total value of the units held by that person which were so repurchased or redeemed by the relevant UCITS.<\/p>\n<p>(3)Where a person resident in the State avails of relevant facilities provided by an intermediary in relation to relevant UCITS, that person shall furnish to the intermediary details which the intermediary is required to include in a return to the inspector in accordance with subsection (2), or would be required to include in such a return if a notice under the subsection were served on the intermediary, and the intermediary shall take all reasonable care (including, where necessary, the requesting of documentary evidence) to confirm that the details furnished are true and correct.<\/p>\n<p>894. Returns of certain information by third parties.<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;appropriate inspector&#8221;, in relation to a person to whom this section applies, means &#8211;<\/p>\n<p>(a)the inspector who has last given notice in writing to that person that he or she is the inspector to whom that person is required to deliver the return specified in subsection (3),<\/p>\n<p>(b)where there is no such inspector as is referred to in paragraph (a), the inspector to whom it is customary for that person to deliver any return, statement, list or declaration, or<\/p>\n<p>(c)where there is no such inspector as is referred to in paragraphs (a) and (b), the inspector of returns;<\/p>\n<p>&#8220;chargeable period&#8221; has the same meaning as in section 321(2);<\/p>\n<p>&#8220;relevant person&#8221; has the meaning assigned to it by subsection (2);<\/p>\n<p>&#8220;specified provisions&#8221; means paragraphs (d) and (e) of section 888(2) and sections 889, 890, 891, 891A and 892,<\/p>\n<p>&#8220;specified return date for the chargeable period&#8221;, in relation to a chargeable period, means &#8211;<\/p>\n<p>(a)<\/p>\n<p>(i)where the chargeable period is the year of assessment 2000-2001, 31 January 2002, and<\/p>\n<p>(ii)where the chargeable period is the year of assessment 2001 or any subsequent year of assessment, 31 October in the year of assessment following that year,<\/p>\n<p>and<\/p>\n<p>(b)where the chargeable period is an accounting period of a company, the last day of the period of 9 months commencing on the day immediately following the end of the accounting period.<\/p>\n<p>(2)<\/p>\n<p>(a)Subject to paragraphs (b) to (e), &#8220;relevant person&#8221; means any person who &#8211;<\/p>\n<p>(i)has information of a kind,<\/p>\n<p>(ii)makes a payment of a kind,<\/p>\n<p>(iii)pays or credits interest of a kind, or<\/p>\n<p>(iv)is in receipt of money or value or of profits or gains of a kind,<\/p>\n<p>referred to in a specified provision.<\/p>\n<p>(b)Subject to paragraph (e), any person who would be excluded from making a return under a specified provision for a chargeable period shall not be a relevant person.<\/p>\n<p>(c)A person with information of the kind referred to in section 892 shall, subject to paragraph (e), be a relevant person only where the person is not the beneficial owner of the securities referred to in that section.<\/p>\n<p>(d)[deleted]<\/p>\n<p>(e)A person who is not a relevant person by virtue of any of the provisions of paragraphs (b) to (d) shall not be excluded from being a relevant person by virtue of any other provision of this subsection.<\/p>\n<p>(3)Every relevant person shall as respects a chargeable period prepare and deliver to the appropriate inspector on or before the specified return date for the chargeable period a return of all such matters and particulars as would be required to be contained in a return delivered pursuant to a notice given to the relevant person by the appropriate inspector under any of the specified provisions for the chargeable period.<\/p>\n<p>(4)An inspector may exclude any person from the application of this section by giving that person a notice in writing that that person is excluded from the application of this section, and the notice shall have effect for such chargeable period or periods, or until such chargeable period or the happening of such event, as shall be specified in the notice.<\/p>\n<p>(5)Where it appears appropriate to an inspector, the inspector may notify any relevant person that a return to be made under this section may be confined to a particular type or category of information, payment or receipt and, where the relevant person has been so notified, a return made on that basis shall satisfy this section.<\/p>\n<p>(6)This section shall not affect the giving of a notice under any of the specified provisions and shall not remove from any person any obligation or requirement imposed on a person by such a notice, and the giving of a notice under any of the specified provisions to a person shall not remove from that person any obligation to prepare and deliver a return under this section.<\/p>\n<p>(7)Sections 1052 and 1054 shall apply to a failure by a relevant person to deliver a return required by subsection (3), and to each and every such failure, as they apply to a failure to deliver a return referred to in section 1052.<\/p>\n<p>894A. Returns by third parties in relation to personal reliefs.<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;PPS Number&#8221;, in relation to an individual, means the individual&#8217;s Personal Public Service Number within the meaning of section 262 of the Social Welfare Consolidation Act 2005;<\/p>\n<p>&#8220;personal relief&#8221; means a relief under any of the provisions specified in the Table to section 458.<\/p>\n<p>(2)Where a person is in possession of information concerning expenditure defrayed by an individual that is relevant to establishing the title of that individual to a personal relief, or the amount of such a relief, that person may, notwithstanding anything contained in any other enactment or any obligation to maintain secrecy or other restriction on the disclosure of information, furnish details regarding the amount of such expenditure to the Revenue Commissioners if requested by them to do so.<\/p>\n<p>(3)Information furnished to the Revenue Commissioners in accordance with subsection (2) shall, unless the Revenue Commissioners otherwise direct, be in an electronic format approved by the Revenue Commissioners and shall contain the name and address and, where known, the PPS Number of the individual in relation to whom the information is being furnished.<\/p>\n<p>(4)Notwithstanding any other provision to the contrary, for the purposes of making a return under subsection (3), a person not in possession of the PPS Number of an individual shall be entitled to request that number from the individual and shall inform the individual of the purpose for requesting the number.<\/p>\n<p>(5)Information furnished to them in accordance with subsection (2) shall be used by the Revenue Commissioners only for the purpose of establishing the title of an individual to the personal relief concerned, or the amount of that relief and, notwithstanding section 872, shall be used for no other purpose.<\/p>\n<p>(6)Any act to be performed or function to be discharged by the Revenue Commissioners, which is authorised by this section, may be performed or discharged by any of their officers acting under their authority.<\/p>\n<p>895. Returns in relation to foreign accounts.<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;appropriate inspector&#8221;, in relation to an intermediary or, as may be appropriate, a resident, means &#8211;<\/p>\n<p>(a)the inspector who has last given notice in writing to the intermediary or, as the case may be, the resident that he or she is the inspector to whom the intermediary or, as the case may be, the resident is required to deliver a return, statement, declaration or list by reason of a notice given to the person by the inspector,<\/p>\n<p>(b)where there is no such inspector as is referred to in paragraph (a), the inspector to whom it is customary for the intermediary or, as the case may be, the resident to deliver such return, statement, declaration or list, or<\/p>\n<p>(c)where there is no such inspector as is referred to in paragraphs (a) and (b), the inspector of returns;<\/p>\n<p>&#8220;chargeable period&#8221; has the same meaning as in section 321(2);<\/p>\n<p>&#8220;deposit&#8221; means a sum of money paid to a person on terms under which it will be repaid with or without interest and either on demand or at a time or in circumstances agreed by or on behalf of the person making the payment and the person to whom it is made;<\/p>\n<p>&#8220;foreign account&#8221; means an account in which a deposit is held at a location outside the State;<\/p>\n<p>&#8220;intermediary&#8221; means any person carrying on in the State a trade or business in the ordinary course of the operations of which that person provides a relevant service;<\/p>\n<p>&#8220;relevant person&#8221; means a person who in the normal course of that person&#8217;s trade or business receives or holds deposits;<\/p>\n<p>&#8220;relevant service&#8221; means the acting in the State as an intermediary in or in connection with the opening of foreign accounts with relevant persons by or on behalf of residents;<\/p>\n<p>&#8220;resident&#8221; means a person resident in the State;<\/p>\n<p>&#8220;specified foreign account&#8221; means a foreign account, opened in a territory outside the State that is not a listed territory within the meaning of section 835YA, the details of which are required to be &#8211;<\/p>\n<p>(a)in the case of a foreign account opened in the United States of America, exchanged with the State under the Agreement (within the meaning of section 891E),<\/p>\n<p>(b)in the case of a foreign account opened in a jurisdiction that has entered into an agreement with the State pursuant to Article 6 of the Convention on Mutual Administrative Assistance in Tax Matters done at Strasbourg on 25 January 1988 and the Protocol amending the Convention done at Paris on 27 May 2010, exchanged with the State in accordance with the standard (within the meaning of section 891F), or<\/p>\n<p>(c)in the case of a foreign account opened in a Member State other than the State, communicated to the State under the Directive (within the meaning of section 891G);<\/p>\n<p>&#8220;specified individual&#8221;, in respect of a year in which a specified foreign account is opened, means an individual who &#8211;<\/p>\n<p>(a)but for the provisions of this section, would not be a chargeable person (within the meaning of Part 41A),<\/p>\n<p>(b)is not an accountable person (within the meaning of section 1 of the Stamp Duties Consolidation Act 1999), and<\/p>\n<p>(c)is not accountable for the payment of gift tax or inheritance tax in accordance with section 45 of the Capital Acquisitions Tax Consolidation Act 2003;<\/p>\n<p>&#8220;specified return date for the chargeable period&#8221;, in relation to a chargeable period, means &#8211;<\/p>\n<p>(a)<\/p>\n<p>(i)where the chargeable period is the year of assessment 2000-2001, 31 January 2002, and<\/p>\n<p>(ii)where the chargeable period is the year of assessment 2001 or any subsequent year of assessment, 31 October in the year of assessment following that year,<\/p>\n<p>and<\/p>\n<p>(b)where the chargeable period is an accounting period of a company, the last day of the period of 9 months commencing on the day immediately following the end of the accounting period;<\/p>\n<p>&#8220;tax reference number&#8221;, in relation to a resident, has the meaning assigned to it by section 885 in relation to a specified person within the meaning of that section.<\/p>\n<p>(2)Every intermediary shall as respects a chargeable period prepare and deliver to the appropriate inspector on or before the specified return date for the chargeable period a return specifying in respect of every resident in respect of whom that intermediary has acted in the chargeable period as an intermediary in the opening of a foreign account &#8211;<\/p>\n<p>(a)the full name and permanent address of the resident,<\/p>\n<p>(b)the resident&#8217;s tax reference number,<\/p>\n<p>(c)the full name and address of the relevant person with whom the foreign account was opened,<\/p>\n<p>(d)the date on which the foreign account was opened, and<\/p>\n<p>(e)the amount of the deposit made in opening the foreign account.<\/p>\n<p>(3)Where a resident requests an intermediary to provide the resident with a relevant service, the resident shall furnish to the intermediary the details which the intermediary is required to include in the return to the appropriate inspector in accordance with subsection (2) and the intermediary shall take all reasonable care (including, where necessary, the requesting of documentary evidence) to confirm that the details furnished are true and correct.<\/p>\n<p>(4)<\/p>\n<p>(a)Where an intermediary fails &#8211;<\/p>\n<p>(i)for any chargeable period to make a return required to be made by the intermediary in accordance with subsection (2),<\/p>\n<p>(ii)to include in such a return for a chargeable period details of any resident to whom the intermediary provided a relevant service in the chargeable period, or<\/p>\n<p>(iii)to take reasonable care to confirm the details of the kind referred to in subsection (2) furnished to the intermediary by a resident to whom the intermediary has provided a relevant service in a chargeable period,<\/p>\n<p>the intermediary shall, in respect of each such failure, be liable to a penalty of \u20ac4,000.<\/p>\n<p>(b)Where a resident &#8211;<\/p>\n<p>(i)fails to furnish details of the kind referred to in subsection (2) to an intermediary who has provided the resident with a relevant service, or<\/p>\n<p>(ii)furnishes that intermediary with incorrect details of that kind,<\/p>\n<p>the resident shall be liable to a penalty of \u20ac4,000.<\/p>\n<p>(5)[deleted]<\/p>\n<p>(6)Where in any chargeable period a resident opens, either directly or indirectly, a foreign account, or causes to be opened a foreign account in relation to which the resident is the beneficial owner of the deposit held in that account, the resident shall, notwithstanding anything to the contrary in Part 41A or section 1084, be deemed for that chargeable period to be a chargeable person for the purposes of Chapter 3 of Part 41A and section 1084, and the return of income (within the meaning of section 1084) to be delivered by the resident for that chargeable period shall include the following particulars in relation to the account &#8211;<\/p>\n<p>(a)the name and address of the relevant person with whom the account was opened,<\/p>\n<p>(b)the date on which the account was opened,<\/p>\n<p>(c)the amount of the deposit made in opening the account, and<\/p>\n<p>(d)the name and address of the intermediary, if any, who provided a relevant service in relation to the opening of the account.<\/p>\n<p>(7)Subsection (6) shall not apply to a specified individual in respect of the opening of a specified foreign account.<\/p>\n<p>896. Returns in relation to certain offshore products.<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;appropriate inspector&#8221;, in relation to an intermediary, means &#8211;<\/p>\n<p>(a)the inspector who has last given notice in writing to the intermediary, that he or she is the inspector to whom the intermediary is required to deliver the return specified in subsection (2),<\/p>\n<p>(b)where there is no such inspector as is referred to in paragraph (a), the inspector to whom it is customary for the intermediary to deliver a return or statement of income or profits, or<\/p>\n<p>(c)where there is no such inspector as is referred to in paragraphs (a) or (b), the inspector of returns;<\/p>\n<p>&#8220;chargeable period&#8221; has the same meaning as in section 321(2);<\/p>\n<p>&#8220;foreign life policy&#8221; means a policy of assurance on the life of a person commenced &#8211;<\/p>\n<p>(a)by a branch or agency (carrying on business in a State other than the State) of an assurance company, or<\/p>\n<p>(b)by an assurance company (carrying on business in a State other than the State) other than by its branch or agency carrying on business in the State;<\/p>\n<p>&#8220;intermediary&#8221; means any person carrying on in the State a trade or business in the course of operations of which that person provides relevant facilities;<\/p>\n<p>&#8220;material interest&#8221; shall be construed in accordance with section 743(2);<\/p>\n<p>&#8220;offshore fund&#8221; has the meaning assigned to it by section 743(1);<\/p>\n<p>&#8220;offshore product&#8221; means &#8211;<\/p>\n<p>(a)a material interest in an offshore fund, or<\/p>\n<p>(b)a foreign life policy;<\/p>\n<p>&#8220;relevant facilities&#8221; means &#8211;<\/p>\n<p>(a)the marketing in the State of offshore products,<\/p>\n<p>(b)the acting in the State as an intermediary in relation to the acquisition or disposal, in whole or in part, of offshore products by or on behalf of persons who are resident or ordinarily resident in the State, or<\/p>\n<p>(c)the provision in the State of facilities for the making of payments from an offshore product to persons who are entitled to the offshore product, whether on the disposal, in whole or in part of the offshore product, or otherwise;<\/p>\n<p>&#8220;specified return date for the chargeable period&#8221;, in relation to a chargeable period, has the meaning assigned to it by section 895(1);<\/p>\n<p>&#8220;tax reference number&#8221; in relation to a person has the meaning assigned to it by section 885 in relation to a specified person within the meaning of that section.<\/p>\n<p>(2)Every intermediary shall as respects a chargeable period prepare and deliver to the appropriate inspector on or before the specified return date for the chargeable period a return specifying in respect of every person in respect of whom that intermediary has acted in the chargeable period as an intermediary &#8211;<\/p>\n<p>(a)the full name and permanent address of the person,<\/p>\n<p>(b)the person&#8217;s tax reference number,<\/p>\n<p>(c)a description of the relevant facilities provided, including a description of the offshore product concerned and the name and address of the person who provided the offshore product, and<\/p>\n<p>(d)details of all payments made (directly or indirectly) by or to the person in respect of the offshore product.<\/p>\n<p>(3)Where an intermediary fails &#8211;<\/p>\n<p>(a)for any chargeable period to make a return required to be made by the intermediary in accordance with subsection (2),<\/p>\n<p>(b)to include in such a return for a chargeable period details of any person to whom the intermediary provided relevant facilities in the chargeable period, or<\/p>\n<p>(c)to take reasonable care to confirm the details of the kind referred to in subsection (2) furnished to the intermediary by a person to whom the intermediary has provided relevant facilities in the chargeable period,<\/p>\n<p>the intermediary shall in respect of each such failure be liable to a penalty of \u20ac4,000.<\/p>\n<p>(4)Where a person &#8211;<\/p>\n<p>(a)fails to furnish details of the kind referred to in subsection (2) to an intermediary who has provided the person with relevant facilities, or<\/p>\n<p>(b)furnishes that intermediary with incorrect details of that kind,<\/p>\n<p>the person shall be liable to a penalty of \u20ac4,000.<\/p>\n<p>(5)Where in any chargeable period a person acquires an offshore product to which section 730I or 747C (inserted by the Finance Act, 2001) does not relate, the person shall, notwithstanding anything to the contrary in Part 41A or section 1084, be deemed for that chargeable period to be a chargeable person for the purposes of Chapter 3 of Part 41A and section 1084, and the return of income to be delivered by the person for that chargeable period shall include the following particulars &#8211;<\/p>\n<p>(a)the name and address of the offshore fund or, as the case may be, the person who commenced the life policy,<\/p>\n<p>(b)a description, including the cost to the person, of the material interest acquired or, as the case may be, a description of the terms of the life policy including premiums payable, and<\/p>\n<p>(c)the name and address of the person through whom the offshore product was acquired.<\/p>\n<p>896A. Returns in relation to settlements and trustees.<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;authorised officer&#8221; means an officer of the Revenue Commissioners authorised by them in writing to exercise the powers conferred on them by this section;<\/p>\n<p>&#8220;settlement&#8221; and &#8220;settlor&#8221; have the same meanings respectively as in section 10.<\/p>\n<p>(2)Where any person, in the course of a trade or profession carried on by that person, has been concerned with the making of a settlement and knows or has reason to believe that, at the time of the making of the settlement &#8211;<\/p>\n<p>(a)the settlor was resident or ordinarily resident in the State, and<\/p>\n<p>(b)the trustees of the settlement were not resident in the State,<\/p>\n<p>then that person shall, within the period specified in subsection (3), deliver to the appropriate inspector (within the meaning assigned by section 894(1)) a statement specifying &#8211;<\/p>\n<p>(i)the name and address of the settlor,<\/p>\n<p>(ii)the names and addresses of the persons who are the trustees of the settlement, and<\/p>\n<p>(iii)the date on which the settlement was made or created.<\/p>\n<p>(3)The statement referred to in subsection (2) shall be delivered &#8211;<\/p>\n<p>(a)in a case where the settlement is one made on or after the date of the passing of the Finance (No. 2) Act 2008, within 4 months of the date of the making of the settlement, or<\/p>\n<p>(b)in a case where the settlement is one made within the 5 year period prior to the passing of the Finance (No. 2) Act 2008, within 6 months of the date of the passing of the Act.<\/p>\n<p>(4)For the purposes of this section trustees of a settlement shall be regarded as not resident in the State unless the general administration of the settlement is ordinarily carried on in the State and the trustees or a majority of each class of trustees are for the time being resident in the State.<\/p>\n<p>(5)An authorised officer may by notice in writing require any person, whom the authorised officer has reason to believe has information relating to a settlement, to furnish to the authorised officer such information within such time as the authorised officer may direct.<\/p>\n<p>896B. Provision of information by Commission for Taxi Regulation.<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;the Acts&#8221; has the meaning assigned to it by section 1078(1);<\/p>\n<p>&#8220;Authority&#8221; means the National Transport Authority or, in the Irish language, An t\u00dadar\u00e1s N\u00e1isi\u00fanta Iompair.<\/p>\n<p>(2)The Authority shall, at such intervals as are specified by the Revenue Commissioners, supply to the Revenue Commissioners such information held by the Authority for the purposes of the Taxi Regulation Act 2003 as may be required for the performance of the functions of the Revenue Commissioners under the Acts.<\/p>\n<p>896C.<br \/>\n(1)In this section &#8211;<\/p>\n<p>\u2018Acts\u2019 has the meaning assigned to it by section 1078(1);<\/p>\n<p>\u2018Agency\u2019 means the Child and Family Agency.<\/p>\n<p>(2)The Agency shall, at such intervals as are specified by the Revenue Commissioners, supply to the Revenue Commissioners such information held by the Agency for the purposes of Part VIIA of the Child Care Act 1991 as may be required for the performance of the functions of the Revenue Commissioners under the Acts.<\/p>\n<p>897. Returns of employees&#8217; emoluments, etc.<br \/>\n(1)<\/p>\n<p>(a)In this section, the references to payments made to persons in respect of their employment and to the remuneration of persons in their employment shall be deemed to include references to &#8211;<\/p>\n<p>(i)any payments made to employed persons in respect of expenses,<\/p>\n<p>(ii)any payments made on behalf of employed persons and not repaid, and<\/p>\n<p>(iii)any payments made to the employees in a trade or business for services rendered in connection with the trade or business, whether the services were rendered in the course of their employment or not.<\/p>\n<p>(b)The reference in paragraph (a)(i) to payments made to employed persons in respect of expenses includes a reference to sums put at the disposal of an employed person and paid away by the employed person.<\/p>\n<p>(2)Every employer, when required to do so by notice from an inspector, shall within the time limited by the notice prepare and deliver to the inspector a return containing &#8211;<\/p>\n<p>(a)the names and places of residence of all persons employed by that employer,<\/p>\n<p>(b)particulars of any car (within the meaning of section 121) made available to those persons by reason of that employment,<\/p>\n<p>(c)particulars of any preferential loan (within the meaning of section 122) made, released or written off by that employer in whole or in part and particulars of any interest released, written off or refunded by that employer in whole or in part and which was payable or paid on such loan,<\/p>\n<p>(d)particulars of any relevant scholarships (within the meaning of section 193) in relation to those persons, not being a payment made before the 6th day of April, 1998, in respect of a scholarship (within the meaning of that section) awarded before the 26th day of March, 1997, and<\/p>\n<p>(e)particulars of the payments made to those persons in respect of that employment, except persons who are not employed in any other employment and whose remuneration in the employment for the year does not exceed \u20ac1,905.<\/p>\n<p>(3)Where the employer is a body of persons, the secretary of the body or other officer (by whatever name called) performing the duties of secretary shall be deemed to be the employer for the purposes of this section, and any director (within the meaning of section 116) of a body corporate (including a company), or person engaged in the management of that body corporate, shall be deemed to be a person employed.<\/p>\n<p>(4)Where an employer is a body corporate (including a company), that body corporate, as well as the secretary or other officer performing the duties of secretary of the body corporate, shall be liable to a penalty for failure to deliver a return under this section.<\/p>\n<p>(5)An employer shall not be liable to any penalty for omitting from any return under subsection (2) the name or place of residence of any person employed by the employer and not employed in any other employment, where it appears to the Revenue Commissioners that such person is entitled to total exemption from tax.<\/p>\n<p>(6)Where for the purposes of a return under this section an employer apportions expenses incurred partly in or in connection with a particular matter and partly in or in connection with other matters &#8211;<\/p>\n<p>(a)the return shall contain a statement that the sum included in the return is the result of such an apportionment,<\/p>\n<p>(b)the employer, if required to do so by notice from the inspector, shall prepare and deliver to the inspector within the time limited by the notice a return containing full particulars as to the amount apportioned and the manner in which and the grounds on which the apportionment has been made, and<\/p>\n<p>(c)where the inspector is dissatisfied with any such apportionment of expenses, he or she may, for the purposes of assessment, apportion the expenses, but an employer who is aggrieved by the apportionment of the inspector may appeal that apportionment to the Appeal Commissioners, in accordance with section 949I, within the period of 30 days after the date of the notice of that apportionment.<\/p>\n<p>(7)[deleted]<\/p>\n<p>897A. Returns by employers in relation to pension products.<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;emoluments&#8221; means emoluments to which Chapter 4 of Part 42 applies;<\/p>\n<p>&#8220;employee&#8221; &#8211;<\/p>\n<p>(a)in relation to an employee pension contribution, has the same meaning as it has for the purposes of Chapter 1 of Part 30,<\/p>\n<p>(b)in relation to a PRSA contribution, has the same meaning as in subsection (1) of section 787A; and<\/p>\n<p>(c)in relation to a PEPP contribution, has the same meaning as it has in Chapter 2D of Part 30;<\/p>\n<p>&#8220;employee pension contribution&#8221; in relation to a year of assessment and a scheme referred to in either section 774 or 776, means a contribution referred to in paragraph (1)(b) of Regulation 31 of the Income Tax Regulations;<\/p>\n<p>&#8220;employer&#8221; &#8211;<\/p>\n<p>(a)in relation to an employee pension contribution and an employer pension contribution, shall be construed for the purposes of this section in the same way as it is construed for the purposes of Chapter 1 of Part 30,<\/p>\n<p>(b)in relation to a PRSA employee contribution and a PRSA employer contribution, has the same meaning as in section 787A(1), and<\/p>\n<p>(c)in relation to an employee PEPP contribution and an employer PEPP contribution, shall be construed for the purposes of this section in the same way as it is construed for the purposes of Chapter 2D of Part 30;<\/p>\n<p>&#8220;employer pension contribution&#8221;, in relation to a year of assessment and an exempt approved scheme (within the meaning of section 774), means any sum paid by an employer in the year of assessment by means of a contribution under the scheme in respect of employees in a trade or undertaking in respect of the profits of which the employer is assessable to tax;<\/p>\n<p>&#8220;Income Tax Regulations&#8221; means the Income Tax (Employments) Regulations 2018 (S.I. No. 345 of 2018);<\/p>\n<p>&#8220;PEPP&#8221; has the same meaning as it has in Chapter 2D of Part 30;<\/p>\n<p>&#8220;PEPP contribution&#8221; has the same meaning as it has in Chapter 2D of Part 30;<\/p>\n<p>&#8220;PEPP employer contribution&#8221;, in relation to a year of assessment, means any PEPP contribution referred to in section 787AD(2) made by an employer to a PEPP in the year of assessment;<\/p>\n<p>&#8220;PRSA&#8221; shall be construed in accordance with section 787A(1);<\/p>\n<p>&#8220;PRSA contribution&#8221; has the meaning assigned to it by section 787A(1);<\/p>\n<p>&#8220;PRSA employee contribution&#8221;, in relation to a year of assessment, means any PRSA contribution made by the employee in the year of assessment which is a contribution referred to in paragraph (1)(c) of Regulation 31 of the Income Tax Regulations;<\/p>\n<p>&#8220;PRSA employer contribution&#8221;, in relation to a year of assessment, means any PRSA contribution referred to in section 787J(2) made by an employer to a PRSA in the year of assessment;<\/p>\n<p>&#8220;RAC premium&#8221;, in relation to a year of assessment, means any qualifying premium (within the meaning of section 784) paid by an individual in a year of assessment which is a contribution referred to in paragraph (1)(d) of Regulation 31 of the Income Tax Regulations.<\/p>\n<p>(2)Any person who is required to notify the Revenue Commissioners under section 985G(2) shall include the following particulars relating to employees in that notification &#8211;<\/p>\n<p>(a)where a pension contribution deduction is made from the emoluments paid to an employee, the amount of the pension contribution,<\/p>\n<p>(b)where a PRSA contribution deduction is made from the emoluments paid to an employee, the amount of the PRSA contribution,<\/p>\n<p>(c)where an RAC premium deduction is made from the emoluments paid to an employee, the amount of the RAC premium,<\/p>\n<p>(d)where an additional superannuation contribution deduction is made from the emoluments paid to an employee, the amount of the additional superannuation contribution,<\/p>\n<p>(e)the amount of an employer pension contribution,<\/p>\n<p>(f)the amount of a PRSA employer contribution,<\/p>\n<p>(g)where a PEPP contribution deduction is made from the emoluments paid to an employee, the amount of the PEPP contribution, and<\/p>\n<p>(h)the amount of a PEPP employer contribution.<\/p>\n<p>(3)Sections 1052 and 1054 shall apply to a failure by a person to provide the particulars required by subsection (2) as they apply to a failure to deliver a return referred to in section 1052.<\/p>\n<p>897B. Returns of information in respect of awards of shares to directors and employees.<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;director&#8221;, &#8220;employee&#8221; and &#8220;employer&#8221; have the meanings, respectively, given to them by section 770(1);<\/p>\n<p>&#8220;shares&#8221; includes stock and securities within the meaning of section 135.<\/p>\n<p>(2)<\/p>\n<p>(a)Where in any year of assessment an employer or other person awards shares, or a cash equivalent of shares, to a director or employee, and income tax under Schedule D or Schedule E may be chargeable on the director or employee in respect of that award, the employer or other person, as the case may be, shall deliver particulars thereof to the Revenue Commissioners in an electronic format approved by them, on or before 31 March in the year of assessment following that year.<\/p>\n<p>(aa)The provisions of paragraph (a) shall also apply to the value of discounts on shares awarded to a director or employee by an employer or other person.<\/p>\n<p>(b)Paragraph (a) shall not apply where the employer or person, as the case may be, is obliged to provide such particulars under any other provision of the Income Tax Acts.<\/p>\n<p>897C. Returns by employers in relation to reportable benefits.<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8217;employee&#8217;, &#8217;employer&#8217; and &#8216;income tax month&#8217; have the same meaning, respectively, as they have in section 983;<\/p>\n<p>&#8216;remote working daily allowance&#8217; means a payment of not more than \u20ac3.20 per day to an employee by his or her employer in relation to the days the employee performs the duties of his or her office or employment from a dwelling or part of a dwelling which is occupied by that employee as his or her residence, where no tax is deducted;<\/p>\n<p>&#8216;reportable benefit&#8217; means &#8211;<\/p>\n<p>(a)a small benefit,<\/p>\n<p>(b)a remote working daily allowance, or<\/p>\n<p>(c)a travel and subsistence payment;<\/p>\n<p>&#8216;small benefit&#8217; means a benefit provided to an employee by his or her employer to which section 112B applies;<\/p>\n<p>&#8216;travel and subsistence payment&#8217; means a payment to an employee by his or her employer in respect of expenses of travel or subsistence incurred by the employee, where no tax is deducted.<\/p>\n<p>(2)Where in any income tax month an employer provides a reportable benefit to an employee, the employer shall deliver to the Revenue Commissioners, in an electronic format approved by them, particulars of the reportable benefit as specified in regulations made under section 986.<\/p>\n<p>898. Returns of copies of rates and production of certain valuations.<br \/>\n(1)In this section &#8220;rating authority&#8221; means &#8211;<\/p>\n<p>(a)a county council,<\/p>\n<p>(b)a city council, or<\/p>\n<p>(c)a city and county council.<\/p>\n<p>(2)For the purpose of assessing tax chargeable under Schedule D, the secretary, clerk, or person acting as such, to a rating authority shall, when required by notice from an inspector, transmit to the inspector within such time as may be specified in the notice true copies of the last county rate or municipal rate made by the authority for its rating area or any part of that area.<\/p>\n<p>(3)The Revenue Commissioners shall pay to any such person the expenses of making all such copies, not exceeding the rate of \u20ac2 for every 100 ratings.<\/p>\n<p>(4)Every person shall, at the request of any inspector or other officer acting in the execution of the Tax Acts, produce as soon as may be to such inspector or officer, as appropriate, any survey, valuation or record on which the rates for any rating area or part of any such area are assessed, made or collected, or any rate or assessment made under any Act relating to the county rate or municipal rate, which is in that person&#8217;s custody or possession, and shall permit the inspector or other officer to inspect the same and to take copies of or extracts from any such survey, valuation or record, without any payment.<\/p>\n<p>898A. Format of returns etc.<br \/>\nWhere a person is required under this Chapter &#8211;<\/p>\n<p>(a)to deliver a return, or<\/p>\n<p>(b)to give or furnish information,<\/p>\n<p>then such return or such information shall, be made, given, or as the case may be, furnished in such form as the the Revenue Commissioners may require and in the case of such returns or information referred to in paragraphs (d) and (e) of section 888(2) and in sections 891, 892 and 898, where the Revenue Commissioners so require, in an electronic format approved by them.<\/p>\n<p>Chapter 3A Implementation of Council Directive 2003\/48\/EC of 3 June 2003 on taxation of savings income in the form of interest payments (ss. 898B-898S)<br \/>\n898B. Interpretation (Chapter 3A).<br \/>\n(1)In this Chapter and in any regulations made under this Chapter, except where the context otherwise requires &#8211;<\/p>\n<p>&#8220;arrangements&#8221; has the meaning assigned to it by section 898P;<\/p>\n<p>&#8220;beneficial owner&#8221; has the meaning assigned to it by section 898C(1);<\/p>\n<p>&#8220;building society&#8221; and &#8220;credit union&#8221; have the same meanings, respectively, as in section 256;<\/p>\n<p>&#8220;certificate of residence for tax purposes&#8221; in relation to a third country, means a certificate given by the competent authority of that country certifying that an individual is by virtue of the law of that country resident for the purposes of tax in that country, and references to a tax residence certificate shall be construed accordingly;<\/p>\n<p>&#8220;competent authority&#8221; means &#8211;<br \/>\n(a)in relation to a Member State, the authority notified to the European Commission by the Member State for the purposes of the Directive, and<br \/>\n(b)in relation to a third country, the competent authority for the purposes of bilateral or multilateral tax conventions or, in the absence of any such authority, the authority competent in that country to issue certificates of residence for tax purposes;<\/p>\n<p>&#8220;deemed interest payment&#8221; has the meaning assigned to it by section 898E(7)(a):<\/p>\n<p>&#8220;deemed UCITS&#8221; has the meaning assigned to it by section 898D(3)(a);<\/p>\n<p>&#8220;the Directive&#8221; means Council Directive 2003\/48\/EC of 3 June 2003 [OJ No. L157, 26.6.2003, p.38] as amended;<\/p>\n<p>&#8220;electronic means&#8221; includes electrical, digital, magnetic, optical, electromagnetic, biometric and photonic means of transmission of data and other forms of related technology by means of which data is transmitted;<\/p>\n<p>&#8220;interest payment&#8221; has the meaning assigned to it by section 898E;<\/p>\n<p>&#8220;Member State&#8221; means a Member State of the European Communities;<\/p>\n<p>&#8220;money&#8221; includes money expressed in a currency other than euro;<\/p>\n<p>&#8220;money debt&#8221; means a debt arising from a transaction for the lending of money and which may be settled by &#8211;<br \/>\n(a)the payment of money, or<br \/>\n(b)the transfer of a right to settlement under a debt which may be settled by the payment of money,<br \/>\nwhether or not the debt creates or evidences a charge on assets and whether or not the debt carries a right to participate in the profits of the debtor;<\/p>\n<p>&#8220;official identity card&#8221; has the meaning assigned to it by section 898G(1);<\/p>\n<p>&#8220;paying agent&#8221; has the meaning assigned to it by section 898D(1);<\/p>\n<p>&#8220;PPS number&#8221; in relation to an individual resident in the State, means that individual\u2018s Personal Public Service Number within the meaning of section 262 of the Social Welfare Consolidation Act 2005;<\/p>\n<p>&#8220;residual entity&#8221; has the meaning assigned to it by section 898D(1);<\/p>\n<p>&#8220;relevant territory&#8221; means &#8211;<br \/>\n(a)a Member State other than the State, or<br \/>\n(b)a territory with which arrangements have been made;<\/p>\n<p>&#8220;Revenue officer&#8221; means an officer of the Revenue Commissioners;<\/p>\n<p>&#8220;securities&#8221; includes &#8211;<br \/>\n(a)assets which are not chargeable assets for the purposes of capital gains tax by virtue of section 607,<br \/>\n(b)stocks, bonds and obligations of any government, municipal corporation, company or other body corporate, whether or not creating or evidencing a charge on assets, and<br \/>\n(c)any other money debts whether or not evidenced in writing, but does not include shares (within the meaning of the Companies Act 2014) of a company (within the meaning of that Act) or similar body;<\/p>\n<p>&#8220;strip of a security&#8221; shall be construed in accordance with section 55;<\/p>\n<p>&#8220;UCITS&#8221; has the meaning assigned to it by section 898D(2)(c);<\/p>\n<p>&#8220;UCITS Directive&#8221; means Council Directive 85\/611\/EEC of 20 December 1985 [OJ No. L375, 31.12.1985, p. 3];<\/p>\n<p>&#8220;tax year&#8221; means a year of assessment for income tax or capital gains tax, as appropriate;<\/p>\n<p>&#8220;third country&#8221; means a territory other than a Member State;<\/p>\n<p>&#8220;TIN&#8221; in relation to a relevant territory, means a unique identification number allocated by the relevant territory to an individual for the purposes of taxation and, in relation to the State, means an individual&#8217;s PPS number.<\/p>\n<p>(2)<\/p>\n<p>(a)Subject to paragraph (b), for the purposes of this Chapter an individual&#8217;s residence is to be treated as situated in the country in which the individual has his or her permanent address, and any reference in this Chapter to an individual being resident in a country shall be construed accordingly.<\/p>\n<p>(b)Paragraph (a) shall not apply for the purposes of &#8211;<\/p>\n<p>(i)the definition of &#8216;certificate of residence for tax purposes&#8217; in subsection (1) and any use of that definition or of the term tax residence certificate in this Chapter, and<\/p>\n<p>(ii)subsection (3) and any reference in this Chapter to a person being a resident of a territory for tax purposes.<\/p>\n<p>(3)For the purposes of this Chapter, a person is to be regarded as being a resident of a territory for tax purposes if the person is by virtue of the law of that territory resident for the purposes of tax in that territory.<\/p>\n<p>(4)A word or expression that is used in this Chapter and is also used in the Directive has, unless the contrary intention appears, the meaning in this Chapter that it has in the Directive.<\/p>\n<p>898C. Beneficial owner.<br \/>\n(1)In this Chapter &#8220;beneficial owner&#8221;, in relation to an interest payment, means an individual who receives the interest payment or an individual for whom the interest payment is secured, but does not include an individual to whom subsection (2) applies.<\/p>\n<p>(2)This subsection applies to an individual (in this section referred to as the \u2018intermediary\u2019) who provides evidence to the person making an interest payment to, or securing an interest payment for, the intermediary that, in relation to the interest payment, the intermediary &#8211;<\/p>\n<p>(a)is a paying agent,<\/p>\n<p>(b)acts on behalf of a person (not being an individual) or an undertaking referred to in section 898D(2),<\/p>\n<p>(c)acts on behalf of a residual entity, where both of the conditions set out in subsection (3) are met, or<\/p>\n<p>(d)acts on behalf of another individual (in this section referred to as the \u2018other individual\u2019) who receives the interest payment or for whom the interest payment is secured where the condition set out in subsection (4) is met in relation to the other individual.<\/p>\n<p>(3)The conditions of this subsection are that &#8211;<\/p>\n<p>(a)the intermediary provides the name and address of the residual entity to the person making or securing the interest payment, and<\/p>\n<p>(b)the person making the interest payment makes a return to the Revenue Commissioners within 3 months of the end of the tax year in which the information referred to in paragraph (a) is provided to the person of each name and address so provided in that tax year.<\/p>\n<p>(4)The condition of this subsection is that the intermediary provides the person from whom he or she receives an interest payment with the identity of the other individual established in accordance with section 898F or 898G, as appropriate.<\/p>\n<p>(5)If a paying agent has information to the effect, or information indicating, that an individual is not the beneficial owner of an interest payment and paragraph (a), (b) or (c) of subsection (2) does not apply to that individual, the paying agent shall take reasonable steps to identify the beneficial owner in accordance with the provisions of section 898F or 898G, as appropriate.<\/p>\n<p>(6)A paying agent shall treat an individual as the beneficial owner in relation to an interest payment received by, or secured for, the individual if the paying agent is otherwise unable to identify a beneficial owner.<\/p>\n<p>898D. Paying agent and residual entity.<br \/>\n(1)In this Chapter &#8211;<\/p>\n<p>&#8220;paying agent&#8221;, in relation to any interest payment, means a person who in the course of the person&#8217;s business or profession carried on in the State makes the interest payment to, or secures the interest payment for, the immediate benefit of a beneficial owner and includes, in particular, a residual entity but only as respects a deemed interest payment, a Minister of the Government and any agency or body established by statute;<\/p>\n<p>&#8220;residual entity&#8221;, in relation to any interest payment, means a person or undertaking established in the State or in a relevant territory to which the interest payment is made for the benefit of a beneficial owner or for which the interest payment is secured for the benefit of a beneficial owner, unless the person making the payment is satisfied on the basis of evidence produced by the person or the undertaking that subsection (2) applies to that person or that undertaking.<\/p>\n<p>(2)This subsection applies to a person or undertaking which &#8211;<\/p>\n<p>(a)is a legal person (not being an individual) other than the legal persons referred to in Article 4.5 of the Directive,<\/p>\n<p>(b)is a person within the charge to corporation tax or within the charge to a tax in a relevant territory which corresponds to corporation tax in the State, or<\/p>\n<p>(c)is an undertaking for collective investment in transferable securities (in this Chapter referred to as a &#8216;UCITS&#8217;) recognised as such under the UCITS Directive or an equivalent undertaking for collective investment established in a relevant territory other than a Member State.<\/p>\n<p>(3)<\/p>\n<p>(a)A residual entity shall be entitled to elect for the purposes of this Chapter to be treated in the same manner as a UCITS recognised as such under the UCITS Directive is treated (in this Chapter referred to as a &#8216;deemed UCITS&#8217;).<\/p>\n<p>(b)Where this election is exercised a reference in this Chapter to a UCITS recognised as such under the UCITS Directive includes a reference to a residual entity which has elected to be treated in the same manner as such a UCITS.<\/p>\n<p>(c)An election under this subsection shall not be valid unless the person or undertaking concerned presents a certificate issued to it by the competent authority of the relevant territory in which it is resident for tax purposes to the person making an interest payment to it, or securing an interest payment for it, certifying that the election provided for by this subsection has been made by the person or undertaking named on the certificate.<\/p>\n<p>(d)As respects a person or undertaking to which this subsection applies who is resident in the State for tax purposes, the Revenue Commissioners shall make regulations &#8211;<\/p>\n<p>(i)prescribing the form in which the election provided for by this subsection is to be made,<\/p>\n<p>(ii)providing for the issue of a certificate to a person or undertaking exercising the election provided for by this subsection,<\/p>\n<p>(iii)prescribing the details to be included on any such certificate,<\/p>\n<p>(iv)requiring a residual entity making such an election to provide them with such information as respects its constitution, legal status, ownership, investments, income and customers as may be set out in such regulations, and<\/p>\n<p>(v)providing for such incidental matters as may be necessary for the purposes of the preceding provisions of this paragraph.<\/p>\n<p>898E. Interest payment.<br \/>\n(1)Subject to section 898K, in this Chapter &#8216;interest payment&#8217; means &#8211;<\/p>\n<p>(a)any payment of interest of money, whether yearly or otherwise, including any bonus or interest payable under an instalment savings scheme (within the meaning of section 53 of the Finance Act 1970) and any accumulated interest payable in respect of any savings certificate referred to in section 42;<\/p>\n<p>(b)any dividend or other distribution made in respect of shares in a building society;<\/p>\n<p>(c)any dividend or other distribution made in respect of shares in a credit union;<\/p>\n<p>(d)the excess of any amount received in respect of the redemption of a security, a unit of a security or a strip of a security over the amount paid for the security, unit or strip on issue;<\/p>\n<p>(e)any prize attaching to a security, including a prize in respect of a prize bond issued under section 22 of the Finance (Miscellaneous Provisions) Act 1956;<\/p>\n<p>(f)any amount realised on the sale, refund or redemption of a security, unit of a security, or a strip of a security, which is referable to accrued or capitalised interest, whether or not any such accrued or capitalised interest is separately identified;<\/p>\n<p>(g)subject to subsections (2), (5) and (6), income distributed by &#8211;<\/p>\n<p>(i)a UCITS authorised in accordance with the UCITS Directive or an equivalent undertaking for collective investment established in a relevant territory other than a Member State,<\/p>\n<p>(ii)a deemed UCITS, or<\/p>\n<p>(iii)an undertaking for collective investment established in a territory other than the State or a relevant territory,<\/p>\n<p>which income derives from an interest payment within the meaning of any of the preceding paragraphs of this subsection and which income is received by any of these undertakings either directly or indirectly from a residual entity;<\/p>\n<p>(h)subject to subsections (2) to (6), income realised on the sale, refund or redemption of shares or units in &#8211;<\/p>\n<p>(i)a UCITS authorised in accordance with the UCITS Directive or an equivalent undertaking for collective investment established in a relevant territory other than a Member State,<\/p>\n<p>(ii)a deemed UCITS, or<\/p>\n<p>(iii)an undertaking for collective investment established in a territory other than the State or a relevant territory.<\/p>\n<p>(2)Where a paying agent has no information with which to establish the proportion of any income referred to in paragraphs (g) and (h) of subsection (1) which is income derived from an interest payment that paragraphs (a) to (f) of that subsection relates, then the paying agent is to treat the full amount of any such income as an &#8216;interest payment&#8217; within the meaning of this section.<\/p>\n<p>(3)<\/p>\n<p>(a)Income referred to in paragraph (h) of subsection (1) is only to be regarded as an interest payment where the UCITS or equivalent undertaking for collective investment established in a relevant territory other than a Member State, deemed UCITS or undertaking concerned has invested directly, or by way of the acquisition of shares or units in another such UCITS or equivalent undertaking, deemed UCITS or undertaking, more than 40 per cent of its assets in investments which produce or have the potential to produce interest or other income such as is referred to in paragraphs (a) to (f) of subsection (1); but where a paying agent has no information with which to establish the percentage of such assets so invested, then for the purposes of this Chapter more than 40 per cent of such assets are to be treated as so invested.<\/p>\n<p>(b)As on and from 1 January 2011, paragraph (a) shall apply with the substitution of &#8217;25 per cent&#8217; for &#8217;40 per cent&#8217; in both places in which it occurs.<\/p>\n<p>(4)Where a paying agent is unable to determine the amount of income realised by a beneficial owner from the sale, refund or redemption of any shares or units referred to in paragraph (h) of subsection (1), then the full proceeds from the sale, refund or redemption of the shares or units shall be treated as the amount of income realised by the beneficial owner for the purposes of that paragraph.<\/p>\n<p>(5)Income referred to in paragraphs (g) and (h) of subsection (1) shall not be regarded as an interest payment in the case of such income from a UCITS (being an undertaking for collective investment in transferable securities within the meaning of the European Communities (Undertakings for Collective Investment in Transferable Securities) Regulations 1989 (S. I. No. 78 of 1989)) or a deemed UCITS (being a person established in the State) where the UCITS or deemed UCITS investment either directly or indirectly, via an entity referred to in subparagraph (i), (ii) or (iii) of paragraph (g) of subsection (1) or a residual entity, in assets referred to in paragraphs (a to (h) of subsection (1) does not exceed 15 per cent of its total assets.<\/p>\n<p>(6)<\/p>\n<p>(a)Income referred to in paragraphs (g) and (h) of subsection (1) shall not be regarded as an interest payment in the case of income from a UCITS authorised in accordance with the UCITS Directive or a deemed UCITS established in a Member State other than the State where the Member State concerned has exercised the option in paragraph 6 of Article 6 of the Directive to derogate from subparagraphs (c) and (d) of paragraph 1 of that Article.<\/p>\n<p>(b)Income referred to in paragraphs (g) and (h) of subsection (1) shall not be regarded as an interest payment in the case of income from an undertaking for collective investment which is equivalent to a UCITS or from a deemed UCITS established in a relevant territory not being a Member State where the relevant territory concerned has exercised, under arrangements, an option equivalent to the option in paragraph 6 of Article 6 of the Directive to derogate from a provision equivalent to subparagraphs (c) and (d) of paragraph 1 of that Article.<\/p>\n<p>(7)<\/p>\n<p>(a)An interest payment to a residual entity which has not elected to be treated as a UCITS in accordance with section 898D(3) shall, at the time the interest payment is received by the residual entity, be treated for the purposes of this Chapter as an interest payment (in this Chapter referred to as a &#8216;deemed interest payment&#8217;) made by the residual entity at that time.<\/p>\n<p>(b)This subsection shall not apply to &#8211;<\/p>\n<p>(i)a residual entity established in the State where the residual entity&#8217;s investment either directly or indirectly, via an entity referred to in subparagraph (i), (ii) or (iii) of paragraph (g) of subsection (1) or another residual entity, in assets referred to in subsection (1) does not exceed 15 per cent of the total investments of the residual entity, and<\/p>\n<p>(ii)<\/p>\n<p>(I)a residual entity established in a Member State other than the State where the Member State concerned has exercised the option in paragraph 6 of Article 6 of the Directive to derogate from paragraph 4 of that Article, or<\/p>\n<p>(II)a residual entity established in a relevant territory not being a Member State where the relevant territory concerned has exercised, under arrangements, an option equivalent to the option in paragraph 6 of Article 6 of the Directive to derogate from a provision equivalent to paragraph 4 of that Article.<\/p>\n<p>(8)For the purposes of this Chapter &#8211;<\/p>\n<p>(a)the percentages referred to in subsections (3), (5) and (7)(b)(i) shall be determined by reference to the most recent investment policy of the person or undertaking concerned as laid down in the instrument of incorporation of the person or the rules of the undertaking,<\/p>\n<p>(b)in the absence of the information referred to in paragraph (a) or where a paying agent is in possession of information to suggest that the investment policy is not being implemented, the percentages shall be determined by the actual composition of the assets of the undertaking or the person.<\/p>\n<p>(9)For the purposes of this Chapter any amount credited as interest shall be treated as a payment of interest, and references in this Chapter to interest being paid shall be construed accordingly.<\/p>\n<p>(10)For the purposes of this Chapter any reference in this Chapter to the amount of an interest payment in a case where the interest payment is subject to deduction of tax shall be construed as a reference to the amount which would be the amount of that payment if no tax were to be deducted from that payment.<\/p>\n<p>(11)For the purposes of this Chapter penalty charges for the late payment of any interest or other payment referred to in paragraphs (a) to (f) of subsection (1) shall not be regarded as an &#8216;interest payment&#8217; within the meaning of that subsection.<\/p>\n<p>898F. Obligations of paying agents where contractual relations entered into before 1 January 2004.<br \/>\n(1)This section applies for the purposes of enabling a paying agent to establish the identity and residence of an individual to whom the agent may make an interest payment or for whom the agent may secure an interest payment where the agent entered into contractual relations with the individual before 1 January 2004.<\/p>\n<p>(2)A paying agent shall as respects contractual relations entered into before 1 January 2004 between the paying agent and an individual establish &#8211;<\/p>\n<p>(a)the identity of each such individual consisting of his or her name and address in accordance with the procedure set out in subsection (3), and<\/p>\n<p>(b)the residence of each such individual in accordance with the procedure set out in subsection (4).<\/p>\n<p>(3)A paying agent shall establish the name and address of an individual using all relevant information at its disposal, in particular information which is acceptable for the purposes of Chapter 3 of Part 4 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010.<\/p>\n<p>(4)A paying agent shall establish the residence of an individual using all relevant information at its disposal, in particular information which is acceptable for the purposes of Chapter 3 of Part 4 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010.<\/p>\n<p>(5)<\/p>\n<p>(a)A paying agent who establishes the identity and residence of an individual in accordance with this section (or has done so, before the relevant commencement date, in accordance with this section as in force before that date) shall retain or, in a case where the relevant documentation is held by another person, have access to &#8211;<\/p>\n<p>(i)a copy of all materials used to identify the individual, and<\/p>\n<p>(ii)a copy of all materials used to establish the residence of the individual,<\/p>\n<p>for a period of at least 5 years after the relationship between the paying agent and the individual has ended.<\/p>\n<p>(b)As respects any interest payment made to an individual referred to in paragraph (a) a paying agent shall retain the original documents or copies admissible in legal proceedings relating to the making of any interest payment to or securing of any interest payment for the individual where the payment is made or secured on or after 1 July 2005, for a period of at least 5 years after the interest payment was made or secured.<\/p>\n<p>(6)<\/p>\n<p>(a)Where a paying agent has established the identity and residence of an individual in accordance with the procedures set out in this section, the paying agent shall continue to treat that individual as so identified and so resident until such time as the paying agent is in possession, or aware, of information which can reasonably be taken to indicate that the individual has been incorrectly indentified or is not so resident or has changed his or her residence.<\/p>\n<p>(aa)A paying agent who &#8211;<\/p>\n<p>(i)before the relevant commencement date, established the identity and residence of an individual under this section as in force before that date, and<\/p>\n<p>(ii)was required, immediately before the relevant commencement date and as a result of paragraph (a), to continue to treat that individual as so identified and so resident,<\/p>\n<p>shall continue to treat that individual as so identified and so resident until such time as the paying agent is in possession, or aware, of information which can reasonably be taken to indicate that the individual has been incorrectly identified or is not so resident or has changed his or her residence.<\/p>\n<p>(b)Where in accordance with paragraph (a) or (aa) a paying agent becomes aware or has reason to believe that the individual&#8217;s circumstances have changed or have been incorrectly established, the paying agent shall make all reasonable efforts to establish the individual&#8217;s correct identity and residence in accordance with the procedures set out in subsection (4) or (5) of section 898G, as appropriate.<\/p>\n<p>(7)Where an individual informs a paying agent that his or her circumstances as established in accordance with the procedure set out in this section (or as established, before the relevant commencement date, in accordance with this section as in force before that date) have changed, the paying agent shall establish his or her new circumstances in accordance with the procedure set out in subsection (4) or (5) of section 898G, as appropriate.<\/p>\n<p>(8)In this section, &#8220;relevant commencement date&#8221; means the date on which section 121(2) of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 comes into operation.<\/p>\n<p>898G. Obligations of paying agents in other contractual relations entered into.<br \/>\n(1)In this section &#8220;official identity card&#8221;, in relation to an individual resident in the State, means an official document issued by the Revenue Commissioners or the Minister for Social and Family Affairs which document contains the individual&#8217;s name, address and PPS number and includes any other official document which may be specified in regulations made by the Revenue Commissioners.<\/p>\n<p>(2)This section applies for the purposes of enabling a paying agent to establish the identity and residence of an individual to whom the agent may make an interest payment or for whom the agent may secure an interest payment where &#8211;<\/p>\n<p>(a)the agent enters into contractual relations with the individual on or after 1 January 2004, or<\/p>\n<p>(b)in the absence of contractual relations, the agent carries out a transaction on behalf of the individual on or after 1 January 2004,<\/p>\n<p>but where, on the basis of documentary proof of identity and residence presented by the individual which is acceptable for the purposes of Chapter 3 of Part 4 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, the paying agent is satisfied that the individual is resident in the State this section shall not apply to that individual as respects contractual relations entered into or transactions carried out before 1 June 2004, but where the paying agent comes into possession of, or becomes aware of, information which can reasonably be taken to indicate that the individual is not, or may not be, so resident the paying agent shall make all reasonable efforts to determine the individual&#8217;s correct identity and residence in accordance with the procedures set out in subsections (4) and (5).<\/p>\n<p>(3)A paying agent shall as respects contractual relations entered into, or as respects a transaction carried out in the absence of contractual relations, on or after 1 January 2004 between the paying agent and an individual establish &#8211;<\/p>\n<p>(a)the identity of each such individual consisting of his or her &#8211;<\/p>\n<p>(i)name,<\/p>\n<p>(ii)address, and<\/p>\n<p>(iii)in a case where the territory in which the individual is resident for tax purposes allocates a TIN, the individual&#8217;s TIN,<\/p>\n<p>in accordance with the procedure set out in subsection (4), and<\/p>\n<p>(b)the residence of each such individual in accordance with the procedure set out in subsection (5).<\/p>\n<p>(4)<\/p>\n<p>(a)A paying agent shall establish the name, address and, where relevant, the TIN of an individual by reference to the details of the person&#8217;s name, address and TIN as set out in the person&#8217;s passport or official identity card as presented by the individual.<\/p>\n<p>(b)If an individual&#8217;s address does not appear on his or her passport or official identity card the paying agent shall establish the individual&#8217;s address on the basis of any other documentary proof of identity presented by the individual which is acceptable for the purposes of Chapter 3 of Part 4 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010.<\/p>\n<p>(c)If there is no TIN or if an individual&#8217;s TIN does not appear on his or her passport, official identity card or any other documentary proof of identity referred to in paragraph (b) as presented by the individual, such as the individual&#8217;s certificate of residence for tax purposes, the individual&#8217;s identity as established in accordance with either or both paragraphs (a) and (b) shall be supplemented by the paying agent establishing the individual&#8217;s date of birth and place of birth by reference to his or her passport or official identity card.<\/p>\n<p>(5)A paying agent shall establish the residence of an individual &#8211;<\/p>\n<p>(a)in the case of an individual who presents a passport or official identity card issued by a relevant territory and who at the time of such presentation claims to be resident in a third country, by reference to a tax residence certificate issued by the competent authority of the third country in which the individual claims to be so resident, and in the absence of such a certificate the individual is to be regarded as resident in the relevant territory which issued the passport or other official identity card presented,<\/p>\n<p>(b)in any other case, by reference to the address of the individual as set out &#8211;<\/p>\n<p>(i)in his or her passport,<\/p>\n<p>(ii)in his or her official identity card, or<\/p>\n<p>(iii)if the paying agent has reason to believe that the person&#8217;s residence is other than that shown on his or her passport or official identity card, in any other documentary proof of identity presented by the individual which is acceptable for the purposes of Chapter 3 of Part 4 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010.<\/p>\n<p>(6)<\/p>\n<p>(a)A paying agent who establishes the identity and residence of an individual (or has done so, before the relevant commencement date, in accordance with this section as in force before that date) shall retain or, in a case where the relevant documentation is held by another person, have access to &#8211;<\/p>\n<p>(i)a copy of all materials used to identify the individual, and<\/p>\n<p>(ii)a copy of all materials used to establish the residence of the individual,<\/p>\n<p>for a period of at least 5 years after the relationship between the paying agent and the individual has ended or, in the case of a transaction carried out in the absence of contractual relations, for a period of at least 5 years after the interest payment was made or secured.<\/p>\n<p>(b)As regards any interest payment made to an individual referred to in paragraph (a) a paying agent shall retain the original documents or copies admissible in legal proceedings relating to the making of any interest payment to or securing of any interest payment for the individual where the payment is made or secured on or after 1 July 2005, for a period of at least 5 years after the interest payment was made or secured.<\/p>\n<p>(7)The Revenue Commissioners may make regulations governing the application of this section in a case where contractual relations are entered into, or any other transaction to which this section applies takes place, by postal, telephonic or electronic means. Any such regulations may provide for the use of notarised or certified copies of the documents referred to in this section.<\/p>\n<p>(8)<\/p>\n<p>(a)Where a paying agent has established the identity and residence of an individual in accordance with the procedure set out in this section, the paying agent shall continue to treat that individual as so identified and so resident until such time as the paying agent is in possession, or aware, of information which can reasonably be taken to indicate that the individual has been incorrectly identified or is not so resident or has changed his or her residence.<\/p>\n<p>(aa)A paying agent who &#8211;<\/p>\n<p>(i)before the relevant commencement date, established the identity and residence of an individual under this section as in force before that date, and<\/p>\n<p>(ii)was required, immediately before the relevant commencement date and as a result of paragraph (a), to continue to treat that individual as so identified and so resident,<\/p>\n<p>shall continue to treat that individual as so identified and so resident until such time as the paying agent is in possession, or aware, of information which can reasonably be taken to indicate that the individual has been incorrectly identified or is not so resident or has changed his or her residence.<\/p>\n<p>(b)Where in accordance with paragraph (a) or (aa) a paying agent becomes aware or has reason to believe that the individual&#8217;s circumstances have changed or have been incorrectly established, the paying agent shall make all reasonable efforts to determine the individual&#8217;s correct identity and residence in accordance with the procedures set out in this section.<\/p>\n<p>(9)Where an individual informs a paying agent that his or her circumstances as established in accordance with the procedures set out in this section (or as established, before the relevant commencement date, in accordance with this section as in force before that date) have changed, the paying agent shall establish his or her new circumstances in accordance with the procedure set out in subsection (4) or (5), as appropriate.<\/p>\n<p>(10)In this section, &#8220;relevant commencement date&#8221; means the date on which section 121 (3) of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 comes into operation.<\/p>\n<p>898H. Returns of interest payments made to or secured for beneficial owners.<br \/>\n(1)Every paying agent shall, as respects an interest payment made for the immediate benefit of a beneficial owner on or after 1 July 2005 who is resident in a relevant territory, make and deliver to the Revenue Commissioners within 3 months of the end of a tax year (being the tax year 2005 and subsequent years) a return of all interest payments, as respects the tax year 2005, so made during the period 1 July 2005 to 31 December 2005 by that paying agent and, as respects any other tax year, so made by that paying agent during that year consisting of &#8211;<\/p>\n<p>(a)the details relating to the paying agent set out in subsection (2),<\/p>\n<p>(b)the details relating to each beneficial owner to which an interest payment is so made as set out in subsection (3), and<\/p>\n<p>(c)the details relating to the total amount of interest payments so made as set out in subsection (4).<\/p>\n<p>(2)The details relating to the paying agent are &#8211;<\/p>\n<p>(a)name,<\/p>\n<p>(b)address (in the case of a company, the address of the company&#8217;s registered office, if different), and<\/p>\n<p>(c)tax reference number and for this purpose &#8216;tax reference number&#8217; has the meaning assigned to it by section 885 in relation to a specified person within the meaning of that section.<\/p>\n<p>(3)The details relating to a beneficial owner are &#8211;<\/p>\n<p>(a)in a case where contractual relations were entered into before 1 January 2004 &#8211;<\/p>\n<p>(i)name,<\/p>\n<p>(ii)address, and<\/p>\n<p>(iii)residence (being the individual&#8217;s country of residence),<\/p>\n<p>as established in accordance with the procedure set out in section 898F, and<\/p>\n<p>(b)in a case where contractual relations were entered into on or after 1 January 2004 or, as respects a transaction carried out on or after 1 January 2004, where there are no contractual relations &#8211;<\/p>\n<p>(i)name,<\/p>\n<p>(ii)address,<\/p>\n<p>(iii)residence (being the individual&#8217;s country of residence), and<\/p>\n<p>(iv)<\/p>\n<p>(I)TIN, or<\/p>\n<p>(II)if there is no TIN or the TIN has not been made available to the paying agent, date and place of birth,<\/p>\n<p>as established in accordance with the procedure set out in section 898G.<\/p>\n<p>(4)The details relating to an interest payment are &#8211;<\/p>\n<p>(a)<\/p>\n<p>(i)the account number associated with the interest payment, or<\/p>\n<p>(ii)in a case where there is no account number associated with the interest payment, information capable of identifying the asset giving rise to the interest payment,<\/p>\n<p>(b)<\/p>\n<p>(i)<\/p>\n<p>(I)the total amount of interest payments which are within the meaning of paragraphs (a), (b), (c), (d), (e) and (g) of subsection (1) of section 898E, and<\/p>\n<p>(II)the total amount of interest payments which are within the meaning of paragraphs (f) and (h) of that subsection,<\/p>\n<p>or<\/p>\n<p>(ii)in a case where the paying agent is a residual entity &#8211;<\/p>\n<p>(I)the total amount of deemed interest payments which are within the meaning of paragraphs (a), (b), (c), (d), (e) and (g) of subsection (1) of section 898E, and<\/p>\n<p>(II)the total amount of deemed interest payments which are within the meaning of paragraphs (f) and (h) of that subsection<\/p>\n<p>(5)Sections 891 and 891A shall not apply to an interest payment which has been included in a return made under this section.<\/p>\n<p>898I. Returns of interest payments to residual entities.<br \/>\nEvery person who in the course of the person&#8217;s business or profession carried on in the State makes an interest payment to, or secures an interest payment for, a residual entity in a tax year which residual entity is established in a relevant territory, shall make and deliver to the Revenue Commissioners within 3 months of the end of the tax year (being the tax year 2005 and subsequent tax years) a return consisting of &#8211;<\/p>\n<p>(a)the name of the residual entity,<\/p>\n<p>(b)the address of the residual entity, and<\/p>\n<p>(c)the total amount of the interest payments so made or so secured by it in the tax year (and for this purpose the tax year 2005 shall be deemed to begin on 1 July 2005 and end on 31 December 2005).<\/p>\n<p>898J. Exchange of information between Member States.<br \/>\n(1)The Revenue Commissioners are authorised to communicate information contained in a return made under section 898H in relation to a beneficial owner of any interest payment to the competent authority of the relevant territory of residence of the beneficial owner.<\/p>\n<p>(2)The Revenue Commissioners are authorised to communicate information contained in a return made under section 898I in relation to a residual entity to the competent authority of the relevant territory in which the residual entity is resident.<\/p>\n<p>(3)The Revenue Commissioners are to communicate the information referred to in subsections (1) and (2) to the relevant competent authority within 6 months of the end of the tax year in which an interest payment is made.<\/p>\n<p>898K. Special arrangements for certain securities.<br \/>\nAs of 31 December 2011 this text has been ceased<br \/>\n(1)Subject to subsection (2), section 898E shall not apply to a security (being a security issued under a programme) &#8211;<\/p>\n<p>(a)which issued before 1 March 2001, or<\/p>\n<p>(b)where the issuing prospectus was approved before that date by the competent authorities of a Member State (within the meaning of Council Directive 80\/390\/EEC ) or by the responsible authorities of a third country.<\/p>\n<p>(2)Subsection (1) shall cease to apply &#8211;<\/p>\n<p>(a)in the case of a security issued under a programme promoted by any Government or an entity referred to in the Annex to the Directive, to all securities issued under that programme if on or after 1 March 2002 any further security is issued under that programme, and<\/p>\n<p>(b)in any other case, to any security issued under that programme on or after 1 March 2002.<\/p>\n<p>(3)This section shall cease to apply as on and from 31 December 2011.<\/p>\n<p>(4)[ deleted ]<\/p>\n<p>898L. Certificate for the purposes of Article 13.2 of the Directive.<br \/>\n(1)Where an individual resident in the State for tax purposes makes an application to the Revenue Commissioners containing such information in relation to &#8211;<\/p>\n<p>(a)the individual,<\/p>\n<p>(b)the individual&#8217;s contractual relations with a paying agent, and<\/p>\n<p>(c)the identification of the asset which may give rise to an interest payment to be paid or secured by the paying agent,<\/p>\n<p>as the Revenue Commissioners may require, the Revenue Commissioners shall, within 2 months of the receipt of the application, issue a certificate to the applicant containing details of &#8211;<\/p>\n<p>(i)the name, address and PPS number of the applicant,<\/p>\n<p>(ii)the name and address of the paying agent identified by the applicant, and<\/p>\n<p>(iii)the account number or other information supplied by the applicant to identify the asset which may give rise to an interest payment to be paid or secured by the paying agent.<\/p>\n<p>(2)A certificate issued in accordance with subsection (1) shall be valid &#8211;<\/p>\n<p>(a)for a period of 3 years from its date of issue, or<\/p>\n<p>(b)until such time as any of the information contained in the certificate becomes inaccurate.<\/p>\n<p>898M. Credit for withholding tax.<br \/>\n(1)Subject to subsections (3) and (4), where tax has been deducted from an interest payment in a relevant territory under provisions applicable in such territory in accordance with the Directive or the arrangements and &#8211;<\/p>\n<p>(a)the interest payment is, or but for an exemption or relief from tax would be, taken into account in computing the total income of an individual for the tax year in which the tax was deducted for the purposes of income tax, and<\/p>\n<p>(b)the individual is resident in the State for that tax year,<\/p>\n<p>then &#8211;<\/p>\n<p>(i)the individual may claim a credit for the tax deducted from the payment against any income tax chargeable on that individual for that year and, in determining the amount of tax payable on the individual&#8217;s total income for that year, credit shall be given for the tax deducted from the interest payment and the amount of the credit shall be the amount of tax deducted from the interest payment, and<\/p>\n<p>(ii)where &#8211;<\/p>\n<p>(I)the tax deducted from the interest payment exceeds any such income tax chargeable, the excess shall be repaid, or<\/p>\n<p>(II)no such income tax is chargeable, an amount equal to the tax deducted from the interest payment shall be repaid to the individual.<\/p>\n<p>(2)Subject to subsections (3) and (4), where tax has been deducted from an interest payment in a relevant territory under provisions applicable in such territory in accordance with the Directive or the arrangements and &#8211;<\/p>\n<p>(a)the interest payment is, or but for an exemption or relief from tax would be, taken into account in computing the chargeable gains of an individual for the tax year in which the tax was deducted for the purposes of the Capital Gains Tax Acts, and<\/p>\n<p>(b)the individual is resident in the State for that tax year,<\/p>\n<p>then &#8211;<\/p>\n<p>(i)the individual may claim a credit for the tax deducted from the payment against the capital gains tax chargeable on that individual for that year and, in determining the amount of tax payable on the chargeable gains of that individual for that year, credit shall be given for the tax deducted from the interest payment and the amount of the credit shall be the amount of tax deducted from the interest payment, and<\/p>\n<p>(ii)where &#8211;<\/p>\n<p>(I)the tax deducted exceeds any such capital gains tax, the excess shall be repaid to the individual, or<\/p>\n<p>(II)no such capital gains tax is chargeable, an amount equal to the tax deducted shall be repaid to the individual.<\/p>\n<p>(3)<\/p>\n<p>(a)The credit referred to in subsection (1) or (2), as the case may be, shall apply only after the application of any other credit to which the individual may be entitled under any arrangement made under section 826 in respect of any tax deducted from the payment under provisions other than those referred to in subsection (1) or (2).<\/p>\n<p>(b)Subsection (1) or (2) shall not apply where &#8211;<\/p>\n<p>(i)the individual referred to in the subsection concerned has obtained relief under the law of a territory outside the State in respect of tax that has been deducted from an interest payment in a relevant territory under provisions applicable in such territory in accordance with the Directive or the arrangements, and<\/p>\n<p>(ii)the individual was resident in that territory or was treated as being resident in that territory under arrangements made under section 826 for the year of assessment in which the tax was deducted.&#8221;,<\/p>\n<p>(4)The credit or repayment referred to in subsection (1) or (2), as the case may be, shall not be given &#8211;<\/p>\n<p>(a)unless the individual claiming the credit or repayment &#8211;<\/p>\n<p>(i)makes a claim in that behalf to the Revenue Commissioners,<\/p>\n<p>(ii)makes a return in the prescribed form of the individual&#8217;s total income or chargeable gains, as the case may be, for the tax year in which the interest payment is, or but for an exemption from tax would be, taken into account for the purposes of income tax or capital gains tax, as the case may be, and<\/p>\n<p>(iii)provides to the Revenue Commissioners the statement referred to in subsection (5), and<\/p>\n<p>(b)the Revenue Commissioners are satisfied that tax has been deducted from the interest payment concerned under provisions applicable in the territory concerned in accordance with the Directive or the arrangements.<\/p>\n<p>(5)The statement referred to in subsection (4) is a statement in writing given to the individual by the person who deducted the tax certifying &#8211;<\/p>\n<p>(a)the name and address of the person deducting the tax,<\/p>\n<p>(b)the name and address of the beneficial owner of the interest payment,<\/p>\n<p>(c)the date of the interest payment,<\/p>\n<p>(d)the amount of the interest payment, and<\/p>\n<p>(e)the amount of tax deducted from the interest payment.<\/p>\n<p>898N. Audit.<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;associated company&#8221;, in relation to a paying agent, means a company which is itself a paying agent and which is the paying agent&#8217;s associated company within the meaning of section 432;<\/p>\n<p>&#8220;authorised officer&#8221; means an officer of the Revenue Commissioners authorised by them in writing to exercise the powers conferred by this section;<\/p>\n<p>&#8220;books, records or other documents&#8221; includes &#8211;<\/p>\n<p>(a)any records used in the business of a paying agent or used in the transfer department of a paying agent acting as a registrar of securities, whether &#8211;<\/p>\n<p>(i)comprised in bound volumes, loose-leaf binders or other loose-leaf filing system, loose leaf ledger sheets, pages, folios or cards, or<\/p>\n<p>(ii)kept on microfilm, magnetic tape or in any non-legible form (by the use of electronics or otherwise) which is capable of being reproduced in a legible form,<\/p>\n<p>(b)every electronic or other automated means, if any, by which any such thing in non-legible form is so capable of being reproduced,<\/p>\n<p>(c)documents in manuscript, documents which are typed, printed, stencilled or created by any other mechanical or partly mechanical process in use from time to time and documents which are produced by any photographic or photostatic process,<\/p>\n<p>(d)correspondence and records of other communications (including e-mails) between a paying agent and a beneficial owner or between a paying agent and a residual entity, and<\/p>\n<p>(e)the materials and documents referred to in sections 898F(5) and 898G(6).<\/p>\n<p>(2)A Revenue officer may by notice in writing require a paying agent, or a person who appears to that officer to be a paying agent, to furnish him or her within such time, not being less than 14 days, as may be provided by the notice, with such information (including copies of any relevant books, records or other documents) as he or she may reasonably require for the purposes of determining whether information contained in a return under this Chapter by that paying agent was correct and complete.<\/p>\n<p>(3)Any person who has been required by a notice under subsection (2) to furnish information (including copies of any relevant books, records or other documents) and that person fails to comply with the notice shall be liable to a penalty of \u20ac3,000.<\/p>\n<p>(4)An authorised officer may at all reasonable times enter any premises or place of business of a paying agent or a person who appears to that officer to be a paying agent for the purposes of determining whether information &#8211;<\/p>\n<p>(a)included in a return under this Chapter by that paying agent was correct and complete, or<\/p>\n<p>(b)not included in a return under this Chapter was correctly not so included.<\/p>\n<p>(5)Without prejudice to the generality of subsection (4), an authorised officer may &#8211;<\/p>\n<p>(a)examine the procedures put in place by the paying agent for the purpose of ensuring compliance by the paying agent with the paying agent&#8217;s obligations under sections 898F and 898G,<\/p>\n<p>(b)check a sample of accounts or transactions in respect of which interest has been paid to a beneficial owner to determine whether &#8211;<\/p>\n<p>(i)the procedures referred to in paragraph (a) have been observed in practice and whether they are adequate, and<\/p>\n<p>(ii)the paying agent is, in respect of each account or transaction in the sample, in possession of the materials and documents referred to in section 898F(5) or 898G(6), as appropriate.<\/p>\n<p>(6)An authorised officer may require a paying agent or an employee of the paying agent to produce books, records or other documents and to furnish information, explanations and particulars and to give all assistance, which the authorised officer reasonably requires for the purposes of the determination and examination referred to in subsections (4) and (5).<\/p>\n<p>(7)An authorised officer may require an associated company in relation to a paying agent or an employee of such an associated company to produce books, records or other documents and to furnish information, explanations and particulars and to give all assistance, which the authorised officer reasonably requires for the purposes of the determination and examination referred to in subsections (4) and (5).<\/p>\n<p>(8)An authorised officer may make extracts from or copies of all or any part of the books, records or other documents or other materials made available to him or her or require that copies of books, records or other documents be made available to him or her, in exercising or performing his or her powers under this section.<\/p>\n<p>(9)An employee of a paying agent or of an associated company in relation to a paying agent who fails to comply with the requirements of an authorised officer in the exercise or performance of the authorised officer&#8217;s powers or duties under this section shall be liable to a penalty of \u20ac3,000.<\/p>\n<p>(10)A paying agent or an associated company in relation to a paying agent which fails to comply with the requirements of the authorised officer in the exercise or performance of the authorised officer&#8217;s powers or duties under this section shall be liable to a penalty of \u20ac19,045 and if that failure continues a further penalty of \u20ac2,535 for each day on which the failure continues.<\/p>\n<p>898O. Penalty for failure to make returns, etc.<br \/>\n(1)Where any person required to make a return under this Chapter &#8211;<\/p>\n<p>(a)fails, without reasonable excuse, to comply with any of the requirements of section 898F or 898G,<\/p>\n<p>(b)makes an incorrect or incomplete return under this Chapter, or<\/p>\n<p>(c)fails, without reasonable excuse, to make such a return,<\/p>\n<p>that person shall be liable to a penalty of \u20ac19,045 and, in the case of paragraphs (a) and (c), if the failure continues that person shall be liable to a further penalty of \u20ac2,535 for each day on which the failure continues.<\/p>\n<p>(2)[deleted]<\/p>\n<p>(3)<\/p>\n<p>(a)A certificate signed by a Revenue officer which certifies that he or she has examined the relevant records and that it appears from those records that during a stated period a stated return was not received from the defendant shall be evidence until the contrary is proved that the defendant did not during that period deliver that return.<\/p>\n<p>(b)A certificate certifying as provided for in paragraph (a) and purporting to be signed by a Revenue officer may be tendered in evidence without proof and shall be deemed until the contrary is proved to have been signed by such officer.<\/p>\n<p>898P. Arrangements with third countries and dependent and associated territories of Member States.<br \/>\n(1)This Chapter shall apply for the purposes of implementing any arrangements made with a territory being a dependent or associated territory of a Member State (in this Chapter referred to as the &#8216;arrangements&#8217;) in relation to the automatic exchange of information and the application of a withholding tax referred to in paragraph 2(ii) of Article 17 of the Directive.<\/p>\n<p>(2)<\/p>\n<p>(a)In this subsection &#8211;<\/p>\n<p>&#8220;Council Decision on signing of agreement with Andorra&#8221; means Council Decision (2004\/828\/EC) of 2 November 2004 concerning the signature of the Agreement between the European Community and the Principality of Andorra providing for measures equivalent to those laid down in Council Directive 2003\/48\/EC on taxation of savings income in the form of interest payments and the approval and signature of the accompanying Memorandum of Understanding ;<\/p>\n<p>&#8220;Council Decision on signing of agreement with Liechtenstein&#8221; means Council Decision (2004\/897\/EC) of 29 November 2004 on the signing of the Agreement between the European Community and the Principality of Liechtenstein providing for measures equivalent to those laid down in Council Directive 2003\/48\/EC on taxation of savings income in the form of interest payments and the approval and signing of the accompanying Memorandum of Understanding ;<\/p>\n<p>&#8220;Council Decision on signing of agreement with Monaco&#8221; means Council Decision (2005\/35\/EC) of 7 December 2004 on the signing of the Agreement between the European Community and the Principality of Monaco providing for measures equivalent to those laid down in Council Directive 2003\/48\/EC on taxation of savings income in the form of interest payments and the approval and signing of the accompanying Memorandum of Understanding ;<\/p>\n<p>&#8220;Council Decision on signing of agreement with San Marino&#8221; means Council Decision (2004\/903\/EC) of 29 November 2004 on the signing of the Agreement between the European Community and Republic of San Marino providing for measures equivalent to those laid down in Council Directive 2003\/48\/EC on taxation of savings income in the form of interest payments and the approval and signing of the accompanying Memorandum of Understanding ;<\/p>\n<p>&#8220;Council Decision on signing and conclusion of agreement with the Swiss Confederation&#8221; means Council Decision (2004\/911\/EC) of 2 June 2004 on the signing and conclusion of the Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003\/48\/EC on taxation of savings income in the form of interest payments and the accompanying Memorandum of Understanding .<\/p>\n<p>(b)<\/p>\n<p>(i)Article 12 (Exchange of information on request) of the agreement attached to the Council Decision on signing of agreement with Andorra,<\/p>\n<p>(ii)Article 10 (Exchange of information) of the agreement attached to the Council Decision on signing of agreement with Liechtenstein,<\/p>\n<p>(iii)Article 12 (Transmission of information on request) of the agreement attached to the Council Decision on signing of agreement with Monaco,<\/p>\n<p>(iv)Article 13 (Exchange of information on request) of the agreement attached to the Council Decision on signing of agreement with San Marino, and<\/p>\n<p>(v)Article 10 (Exchange of information) of the agreement attached to the Council Decision on signing and conclusion of agreement with the Swiss Confederation,<\/p>\n<p>shall, notwithstanding any other enactment, have the force of law.<\/p>\n<p>(c)Section 898M shall apply for the purposes of implementing &#8211;<\/p>\n<p>(i)Article 10 (Elimination of double taxation) of the agreement attached to the Council Decision on signing of agreement with Andorra,<\/p>\n<p>(ii)Article 9 (Elimination of double taxation) of the agreement attached to the Council Decision on signing of agreement with Liechtenstein,<\/p>\n<p>(iii)Article 10 (Elimination of double taxation and\/or repayment of withholding tax) of the agreement attached to the Council Decision on signing of agreement with Monaco,<\/p>\n<p>(iv)Article 10 (Elimination of double taxation) of the agreement attached to the Council Decision on signing of agreement with San Marino, and<\/p>\n<p>(v)Article 9 (Elimination of double taxation) of the agreement attached to the Council Decision on signing and conclusion of agreement with the Swiss Confederation,<\/p>\n<p>in the same way as it applies for the purposes of the Directive or the arrangements, and references in that section to tax deducted from an interest payment in a relevant territory under provisions applicable in such territory in accordance with the Directive or the arrangements shall be construed as references to &#8211;<\/p>\n<p>(I)in the case of Liechtenstein or the Swiss Confederation, as the case may be, a retention from an interest payment under provisions applicable in that country in accordance with the agreement, and<\/p>\n<p>(II)in the case of Andorra, Monaco or San Marino, as the case may be, tax withheld from an interest payment under provisions applicable in that country in accordance with the agreement,<\/p>\n<p>and references to tax deducted and cognate expressions shall be construed accordingly.<\/p>\n<p>(d)<\/p>\n<p>(i)The Revenue Commissioners may make regulations generally for the purposes of implementing the provisions of any arrangements the Government may make with the Government of any of the countries referred to in article 17(2) (i) of the Directive for the purposes of supplementing paragraph (b).<\/p>\n<p>(ii)For the purposes of subparagraph (i), arrangements made with the head of a State shall be regarded as made with the Government of that State.<\/p>\n<p>(e)Section 898L shall apply for the purposes of Article 9 (Voluntary disclosure) of the agreement attached to the Council Decision on signing of agreement with Andorra in the same way as it applies for the purposes of the Directive.<\/p>\n<p>898Q. Miscellaneous and supplemental.<br \/>\n(1)Where a person is required under this Chapter or under regulations made under this Chapter to &#8211;<\/p>\n<p>(a)deliver a return,<\/p>\n<p>(b)give or furnish a certificate,<\/p>\n<p>(c)make a declaration or election,<\/p>\n<p>(d)make an application,<\/p>\n<p>the return, certificate, declaration, election or application is to be made, given or furnished in such form as the Revenue Commissioners may require.<\/p>\n<p>(2)The Revenue Commissioners may nominate any Revenue officer to perform any acts and discharge any functions authorised by this Chapter or by regulations made under this Chapter to be performed or discharged by the Revenue Commissioners apart from the making of regulations under this Chapter.<\/p>\n<p>(3)Every regulation made under this Chapter shall be laid before D\u00e1il \u00c9ireann as soon as may be after it is made and, if a resolution annulling the regulation is passed by D\u00e1il \u00c9ireann within the next 21 days on which D\u00e1il \u00c9ireann has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under the regulation.<\/p>\n<p>(4)Regulations made by the Revenue Commissioners under this Chapter may contain such supplemental and incidental matters as appear to the Revenue Commissioners to be necessary &#8211;<\/p>\n<p>(a)to enable persons to fulfil their obligations under this Chapter, or<\/p>\n<p>(b)for the general administration of this Chapter.<\/p>\n<p>(5)<\/p>\n<p>(a)Where any person does not comply with any provision of regulations under this Chapter requiring that person to send any information, document or certificate to the Revenue Commissioners, that person shall be liable to a penalty of \u20ac3,000.<\/p>\n<p>(b)Where the person mentioned in paragraph (a) is a body of persons, the secretary of the body shall be liable to a separate penalty of \u20ac3,000.<\/p>\n<p>(c)[deleted]<\/p>\n<p>(d)In proceedings for recovery of a penalty under this section &#8211;<\/p>\n<p>(i)a certificate signed by an officer of the Revenue Commissioners which certifies that he or she has inspected the relevant records of the Revenue Commissioners and that it appears from them that during a stated period any information, document or certificate referred to in paragraph (a) was not received from the defendant shall be evidence until the contrary is proved that the defendant did not during that period send that information, document or certificate to the Revenue Commissioners,<\/p>\n<p>(ii)a certificate certifying as provided for in subparagraph (i) and purporting to be signed by an officer of the Revenue Commissioners may be tendered in evidence without proof and shall be deemed until the contrary is proved to have been signed by an officer of the Revenue Commissioners.<\/p>\n<p>898R. Commencement (Chapter 3A).<br \/>\n(1)This Chapter, other than sections 898H, 898I, 898J, 898L, 898M and 898O, is deemed to have applied as on and from 1 January 2004.<\/p>\n<p>(2)Section 898O shall apply as respects an act or omission which takes place or begins on or after the date of the passing of the Finance Act 2005.<\/p>\n<p>(3)The provisions of sections 898H, 898I, 898J, 898L and 898M shall come into operation on such day, being a day not earlier than 1 July 2005, as the Minister for Finance may specify by order.<\/p>\n<p>&nbsp;<\/p>\n<p>898S. Cessation<br \/>\nThis Chapter, other than sections 898L, 898M and 898O, shall cease to have effect as respects an interest payment made to or secured for a person on or after 1 January 2016 who is &#8211;<\/p>\n<p>(a)resident in a Member State, or<\/p>\n<p>(b)resident in a territory with which arrangements were made and such territory is a reportable jurisdiction within the meaning of Section VIII of the standard, as defined in section 891F.<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>Part 39<\/p>\n<h4>Assessments (ss. 918-931)<\/h4>\n<h4>Chapter 1 Income tax and corporation tax (ss. 918-928)<\/h4>\n<p>918.<\/p>\n<p>Making of assessments under Schedules C, D, E and F.<\/p>\n<p>Deleted from 1 January 2013<br \/>\n(1)Assessments under Schedules D, E and F, except &#8211;<\/p>\n<p>(a)such assessments as the Revenue Commissioners are empowered to make under Chapter 2 of Part 4,<\/p>\n<p>(b)assessments to which section 853 applies, and<\/p>\n<p>(c)such assessments as officers or persons appointed by the Revenue Commissioners are empowered to make under section 854,<\/p>\n<p>shall be made by the inspectors or such other officers as the Revenue Commissioners shall appoint in that behalf.<\/p>\n<p>(2)The inspector shall give due notice to each person assessed of every such assessment made by him or her, the amount of the assessment and the time allowed for giving notice of appeal against the assessment.<\/p>\n<p>(3)Anything required to be done by the Revenue Commissioners in relation to the making of assessments under Schedule C or D may be done by such officer of the Revenue Commissioners as they may authorise in that behalf.<\/p>\n<p>(4)Where for any year of assessment profits or gains chargeable to tax under Case IV of Schedule D by virtue of section 98, 99 or 100 arise to any person from 2 or more sources, the several amounts of profits or gains so chargeable may be assessed in one assessment.<\/p>\n<p>919. Assessments to corporation tax.<br \/>\nDeleted from 1 January 2013<br \/>\n(1)Assessments to corporation tax shall be made by an inspector.<\/p>\n<p>(2)<\/p>\n<p>(a)Where a company on whose profits the tax is to be assessed is resident in the State, the tax shall be assessed on the company.<\/p>\n<p>(b)Where a company on whose profits the tax is to be assessed is not resident in the State, the tax shall be assessed on the company in the name of any agent, manager, factor or other representative of the company.<\/p>\n<p>(3)The inspector shall give notice to the company assessed or, in the case of a company not resident in the State, to the agent, manager, factor or other representative of the company assessed of every assessment made by the inspector.<\/p>\n<p>(4)<\/p>\n<p>(a)In this section, &#8220;information&#8221; includes information received from a member of the Garda S\u00edoch\u00e1na.<\/p>\n<p>(b)Where &#8211;<\/p>\n<p>(i)a company makes default in the delivery of a statement in respect of corporation tax, or<\/p>\n<p>(ii)the inspector is not satisfied with a statement which has been delivered, or has received information as to its insufficiency,<\/p>\n<p>the inspector shall make an assessment on the company concerned in such sum as according to the best of the inspector&#8217;s judgment ought to be charged on that company.<\/p>\n<p>(5)<\/p>\n<p>(a)In this subsection, &#8220;neglect&#8221; means negligence or a failure to give any notice, to make any return, statement or declaration, or to produce or furnish any list, document or other information required by or under the enactments relating to corporation tax; but a company shall be deemed not to have failed to do anything required to be done within a limited time if the company did it within such further time, if any, as the Revenue Commissioners or officer concerned may have allowed and, where a company had a reasonable excuse for not doing anything required to be done, the company shall be deemed not to have failed to do it if the company did it without unreasonable delay after the excuse had ceased.<\/p>\n<p>(b)Where an inspector discovers that &#8211;<\/p>\n<p>(i)any profits which ought to have been assessed to corporation tax have not been assessed,<\/p>\n<p>(ii)an assessment to corporation tax is or has become insufficient, or<\/p>\n<p>(iii)any relief which has been given is or has become excessive,<\/p>\n<p>the inspector shall make an assessment in the amount or the further amount which ought in the inspector&#8217;s opinion to be charged.<\/p>\n<p>(c)Subject to paragraph (d) and any other provision allowing a longer period in any class of case, no assessment to corporation tax shall be made more than 4 years after the end of the accounting period to which it relates.<\/p>\n<p>(d)In a case in which any form of fraud or neglect has been committed by or on behalf of any company in connection with or in relation to corporation tax, an assessment may be made on that company at any time for any accounting period for which by reason of the fraud or neglect corporation tax would otherwise be lost to the Exchequer.<\/p>\n<p>(e)An objection to the making of any assessment on the ground that the time limited for the making of the assessment has expired shall be made only on appeal against the assessment.<\/p>\n<p>(6)An assessment on a company&#8217;s profits for an accounting period which falls after the commencement of the winding up of the company shall not be invalid because made before the end of the accounting period.<\/p>\n<p>920. Granting of allowances and reliefs.<br \/>\nDeleted from 1 January 2013<br \/>\n(1)Notwithstanding anything in the Income Tax Acts, the inspector or such other officer as the Revenue Commissioners shall appoint in that behalf may at any time grant, in relation to any assessment in respect of income tax chargeable for any year of assessment, any allowance, deduction or relief authorised by the Income Tax Acts.<\/p>\n<p>(2)Whenever such inspector or other officer so grants any such allowance, deduction or relief in relation to an assessment, such assessment shall be deemed to be amended accordingly.<\/p>\n<p>921. Aggregation of assessments.<br \/>\nDeleted from 1 January 2013<br \/>\n(1)In this section, &#8220;personal reliefs&#8221; means relief under any of the provisions specified in the Table to section 458.<\/p>\n<p>(2)Where 2 or more assessments to income tax are to be made on a person under Schedule D, E or F or under 2 or more of those Schedules, the tax in the assessments may be stated in one sum, and the notice of assessment may be stated correspondingly.<\/p>\n<p>(3)A notice of appeal in a case in which subsection (2) applies shall, to be valid, indicate each assessment appealed against.<\/p>\n<p>(4)Pending the determination of an appeal against any one or more assessments referred to in subsection (2), an amount of tax (being a portion of the one sum referred to in that subsection) shall be payable on the due date or dates and shall be the amount which results when the appropriate personal reliefs are deducted from the assessments not under appeal or allowed from the tax charged in those assessments, as may be appropriate.<\/p>\n<p>(5)The tax stated in one sum under subsection (2) or the amount payable under subsection (4) shall for the purposes of sections 1080 and 1081 be deemed to be tax charged by an assessment to income tax.<\/p>\n<p>(6)Where for any of the purposes of the Income Tax Acts other than subsection (4) it becomes necessary to determine what amount of the tax charged is applicable to any one of 2 or more assessments referred to in subsection (2), a certificate from the inspector indicating the manner in which the deductions, allowances or reliefs were allocated and stating the separate amounts of tax, if any, and the instalments of tax applicable to any one or more assessments or to each assessment shall be sufficient evidence of the charge to tax in and by each such assessment.<\/p>\n<p>922. Assessment in absence of return.<br \/>\nDeleted from 1 January 2013<br \/>\n(1)In this section, &#8220;information&#8221; includes information received from a member of the Garda S\u00edoch\u00e1na.<\/p>\n<p>(2)Where the inspector does not receive a statement from a person liable to be charged to income tax, the inspector shall to the best of his or her information and judgment, but subject to section 997, make an assessment on that person of the amount at which that person ought to be charged under Schedule E.<\/p>\n<p>(3)Where &#8211;<\/p>\n<p>(a)a person makes default in the delivery of a statement in respect of any income tax under Schedule D or F, or<\/p>\n<p>(b)the inspector is not satisfied with a statement which has been delivered, or has received any information as to its insufficiency,<\/p>\n<p>the inspector shall make an assessment on the person concerned in such sum as according to the best of the inspector&#8217;s judgment ought to be charged on that person.<\/p>\n<p>923. Function of certain assessors.<br \/>\nDeleted from 1 January 2013<br \/>\n(1)<\/p>\n<p>(a)A person appointed under section 855 to be an assessor and a person (in this section also referred to as an &#8220;assessor&#8221;) appointed under section 854 shall on request be furnished free of charge by any officer in the relevant department or office or by any agent by whom the same are payable with true accounts of any salaries, fees, wages, perquisites, profits, pensions or stipends chargeable under Schedule E.<\/p>\n<p>(b)Every such assessor shall have access to all documents in his or her department or office which concern any such payments.<\/p>\n<p>(c)Every such assessor may, if he or she is dissatisfied with any account referred to in paragraph (a) or in any case in which it may be necessary, require from any person to be charged an account of any salary, fees, wages, perquisites, profits, pensions or stipend, within the like period as is limited for the delivery of statements of profits or gains under the Income Tax Acts, and under the like penalty as is provided in the case of failure to deliver such statements.<\/p>\n<p>(2)The assessors shall assess the persons who hold offices, or are entitled to pensions or stipends, in accordance with the annual amount thereof from the documents, accounts and papers in their respective departments.<\/p>\n<p>(3)Every assessment shall set out &#8211;<\/p>\n<p>(a)the full and just annual emoluments of every office and employment of profit, and the full annual amount of every pension or stipend,<\/p>\n<p>(b)the names of the persons entitled to those emoluments, pensions or stipends, and<\/p>\n<p>(c)the tax payable in each case.<\/p>\n<p>(4)An assessor who fails to comply with this section shall be liable to a penalty not exceeding \u20ac125 and not less than \u20ac25.<\/p>\n<p>924. Additional assessments.<br \/>\nDeleted from 1 January 2013<br \/>\n(1)<\/p>\n<p>(a)Where the inspector discovers that &#8211;<\/p>\n<p>(i)any properties or profits chargeable to income tax have been omitted from the first assessments,<\/p>\n<p>(ii)a person chargeable &#8211;<\/p>\n<p>(I)has not delivered any statement,<\/p>\n<p>(II)has not delivered a full and proper statement,<\/p>\n<p>(III)has not been assessed to income tax, or<\/p>\n<p>(IV)has been undercharged in the first assessments, or<\/p>\n<p>(iii)a person chargeable has been allowed, or has obtained from and in the first assessments, any allowance, deduction, exemption, abatement or relief not authorised by the Income Tax Acts,<\/p>\n<p>then, where the tax is chargeable under Schedule D, E or F, the inspector shall make an additional first assessment.<\/p>\n<p>(b)Any additional first assessment made by the inspector in accordance with paragraph (a) shall be subject to appeal and other proceedings as in the case of a first assessment.<\/p>\n<p>(2)<\/p>\n<p>(a)In this subsection, &#8220;neglect&#8221; means negligence or a failure to give any notice, to make any return, statement or declaration, or to produce or furnish any list, document or other information required by or under the Income Tax Acts; but a person shall be deemed not to have failed to do anything required to be done within a limited time if such person did it within such further time, if any, as the Revenue Commissioners or officer concerned may have allowed and, where a person had a reasonable excuse for not doing anything required to be done, such person shall be deemed not to have failed to do it if such person did it without unreasonable delay after the excuse had ceased.<\/p>\n<p>(b)Subject to paragraph (c) and any other provision allowing a longer period in any class of case, an assessment or an additional first assessment may be made at any time not later than 4 years after the end of the year to which the assessment relates.<\/p>\n<p>(c)In a case in which any form of fraud or neglect has been committed by or on behalf of any person in connection with or in relation to income tax, an assessment or an additional first assessment may be made at any time for any year for which by reason of the fraud or neglect income tax would otherwise be lost to the Exchequer.<\/p>\n<p>(d)<\/p>\n<p>(i)In a case in which emoluments to which this subparagraph applies are received in a year of assessment subsequent to that for which they are assessable, paragraph (b) shall apply in the case of assessments or additional first assessments in respect of the emoluments subject to the substitution of a reference to the end of the year of assessment in which the emoluments were received for the reference to the end of the year to which the assessment relates.<\/p>\n<p>(ii)The emoluments to which subparagraph (i) applies are emoluments within the meaning of section 112(2), including any payments chargeable to tax by virtue of section 123 and any sums which by virtue of Chapter 3 of Part 5 are to be treated as perquisites of a person&#8217;s office or employment, being emoluments, payments or sums other than those taken into account in an assessment to income tax for the year of assessment in which they are received, and for the purposes of this paragraph &#8211;<\/p>\n<p>(I)any such payment shall, notwithstanding anything in section 123(4), be treated as having been received at the time it was actually received, and<\/p>\n<p>(II)any such sums which are not actually paid to that person shall be treated as having been received at the time when the relevant expenses were incurred or are treated for the purposes of Chapter 3 of Part 5 as having been incurred.<\/p>\n<p>(e)An objection to the making of any assessment or additional first assessment on the ground that the time limited for the making of that assessment has expired shall only be made on appeal against the assessment.<\/p>\n<p>(3)Any assessments not made at the time when the first assessments are made shall as soon as they are made be added to the first assessments by means of separate forms of assessment.<\/p>\n<p>925. Special rules relating to assessments under Schedule E.<br \/>\nDeleted from 1 January 2013<br \/>\n(1)Where at any time, either during the year of assessment or in respect of that year, a person becomes entitled to any additional salary, fees or emoluments over and above the amount for which an assessment to income tax has been made on that person, or for which at the commencement of that year that person was liable to be charged to income tax, an additional assessment shall, as often as the case may require, be made on that person in respect of any such additional salary, fees or emoluments, so that he or she may be charged in respect of the full amount of his or her salary, fees or emoluments for that year.<\/p>\n<p>(2)Where any person proves to the satisfaction of the inspector that the amount for which an assessment to income tax has been made in respect of that person&#8217;s salary, fees or emoluments for any year of assessment exceeds the amount of the salary, fees or emoluments for that year, the assessment shall be adjusted and any amount overpaid by means of tax shall be repaid.<\/p>\n<p>926. Estimation of certain amounts.<br \/>\nDeleted from 1 January 2013<br \/>\n(1)Where &#8211;<\/p>\n<p>(a)the total income of any individual from all sources, whether chargeable with income tax by deduction or otherwise, includes income from any source or sources which is to be computed on the basis of the actual amounts receivable in the year of assessment or where any deductions allowable on account of any annual sums paid out of the property or profits of an individual are to be allowed as deductions in respect of the year in which they are payable, and<\/p>\n<p>(b)an assessment to income tax is being made before the end of the year of assessment to which such assessment to tax relates,<\/p>\n<p>the inspector in making the assessment shall, in computing the total amount of income assessable to income tax, estimate the amount of income from each such source or the amount of any such allowable deductions and, in making any such estimate, the inspector shall have due regard to any corresponding amount of income or allowable deductions in the year preceding the year of assessment and shall, in computing the income tax payable, estimate the amount of tax to be credited under sections 59 and 997.<\/p>\n<p>(2)Where &#8211;<\/p>\n<p>(a)an estimate has been made under subsection (1),<\/p>\n<p>(b)notice of an appeal against the assessment to income tax has not been given, and<\/p>\n<p>(c)the person assessed gives to the inspector within a period of one year from the end of the year of assessment particulars of the correct amount of the income or deductions in respect of which the estimate was made,<\/p>\n<p>the inspector shall adjust the assessment by reference to the difference between the correct amount of income assessable to income tax and the amount of the assessment, and any amount of income tax overpaid shall be repaid.<\/p>\n<p>927. Rectification of excessive set-off, etc. of tax credit.<br \/>\n(1)Where an inspector discovers that any set-off or payment of tax credit ought not to have been made or is or has become excessive, the inspector may make any such assessments as may in his or her judgment be required for recovering any tax that ought to have been paid or any payment of tax credit that ought not to have been made and generally for securing that the resulting liabilities to tax of the persons concerned are what they would have been if only such set-offs or payments had been made as ought to have been made.<\/p>\n<p>(2)This Part, and Part 42 shall apply to any assessment under this section for recovering a payment of tax credit as if it were an assessment to income tax for the year of assessment, or, in the case of a company, corporation tax for the accounting period, in respect of which the payment was claimed and as if that payment represented a loss of tax to the Exchequer, and any sum charged by any such assessment shall, be due within 14 days after the issue of the notice of assessment.<\/p>\n<p>(3)A person aggrieved by an assessment made on the person under this section may appeal the assessment to the Appeal Commissioners, in accordance with section 949I, within the period of 30 days after the date of the notice of assessment.<\/p>\n<p>928. Transmission to Collector-General of particulars of sums to be collected.<br \/>\nDeleted from 1 January 2013<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8216;assessment&#8217; and &#8216;Revenue officer&#8217; have, respectively, the same meanings as in Chapter 1A of Part 42;<\/p>\n<p>&#8216;tax&#8217; means income tax, corporation tax, capital gains tax, value-added tax, excise duty, stamp duty, gift tax and inheritance tax.<\/p>\n<p>(2)After assessments to tax have been made, the inspectors or other Revenue officers shall transmit particulars of the sums to be collected to the Collector-General or to a Revenue officer nominated in writing under section 960B for collection.<\/p>\n<p>(3)The entering by an inspector or other Revenue officer of details of an assessment to tax and of the tax charged in such an assessment in an electronic, digital, magnetic, optical, electromagnetic, biometric, photonic, photographic or other record from which the Collector-General or a Revenue officer nominated in writing under section 960B may extract such details by electronic, digital, magnetic, optical, electromagnetic, biometric, photonic, photographic or other process shall constitute transmission of such details by the inspector or other Revenue officer to the Collector-General or to the Revenue officer nominated in writing under section 960B.<\/p>\n<p>Chapter 2 Provision against double assessment and relief for error or mistake (ss. 929-930)<br \/>\n929. Double assessment.<br \/>\nDeleted from 1 January 2013<br \/>\n(1)A person who, either on the person&#8217;s own account or on behalf of another person, has been assessed to income tax or corporation tax, and is by any error or mistake again assessed for the same year of assessment or the same accounting period, as the case may be, for the same cause and on the same account, may apply for relief to the Appeal Commissioners who, on proof to their satisfaction of the double assessment, shall cause the assessment, or so much of the assessment as constitutes a double assessment, to be vacated.<\/p>\n<p>(2)Where it appears to the satisfaction of the Revenue Commissioners that a person has been assessed more than once for the same cause and for the same year of assessment or the same accounting period, as the case may be, they shall direct the whole, or such part, of any assessment as appears to be an overcharge to be vacated, and thereupon the whole, or such part, of the assessment shall be vacated accordingly.<\/p>\n<p>(3)Where it is proved to the satisfaction of the Revenue Commissioners that any such double assessment has been made and that payment has been made on both assessments, they shall order the amount of the overpayment to be repaid to the applicant notwithstanding any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made.<\/p>\n<p>930. Error or mistake.<br \/>\nDeleted from 1 January 2005<br \/>\n(1)Where any person who has paid tax charged under an assessment to &#8211;<\/p>\n<p>(a)income tax made for any year of assessment, or<\/p>\n<p>(b)corporation tax made for any accounting period,<\/p>\n<p>alleges that the assessment was excessive by reason of some error or mistake in the return or statement made by that person for the purposes of the assessment, that person may, at any time not later than 6 years after the end of the year of assessment or the accounting period, as the case may be, within which the assessment was made, make an application in writing to the Revenue Commissioners for relief.<\/p>\n<p>(2)On receiving any such application, the Revenue Commissioners shall inquire into the matter and shall, subject to this section, give by means of repayment such relief in respect of the error or mistake as is just and reasonable; but no relief shall be given under this section in respect of an error or mistake as to the basis on which the liability of the applicant ought to have been computed where the return or statement was in fact made on the basis of, or in accordance with, the practice generally prevailing at the time when the return or statement was made.<\/p>\n<p>(3)In determining any application under this section, the Revenue Commissioners shall have regard to all the relevant circumstances of the case and in particular shall consider whether the granting of relief would result in the exclusion from the charge to income tax or corporation tax, as the case may be, of any part of the profits or income of the applicant, and for this purpose the Revenue Commissioners may take into consideration the liability of the applicant and assessments made on the applicant in respect of other years of assessment or accounting periods, as the case may be.<\/p>\n<p>(4)Any person aggrieved by the determination of the Revenue Commissioners on an application made by that person under this section may, on giving notice in writing to the Revenue Commissioners within 21 days after the notification to that person of their determination, appeal to the Appeal Commissioners.<\/p>\n<p>(5)The Appeal Commissioners shall thereupon hear and determine the appeal in accordance with the principles to be followed by the Revenue Commissioners in determining applications under this section and, subject to those principles, in the like manner as in the case of an appeal to them against an assessment to income tax, and the provisions of the Income Tax Acts relating to such an appeal (including the provisions relating to the rehearing of an appeal and to the statement of a case for the opinion of the High Court on a point of law) shall apply accordingly with any necessary modifications; but neither the appellant nor the Revenue Commissioners shall be entitled to require a case to be stated for the opinion of the High Court otherwise than on a point of law arising in connection with the computation of profits or income.<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>Part 41<\/p>\n<h4>Self Assessment (ss. 950-959)<\/h4>\n<p>950. Interpretation (Part 41).<br \/>\nDeleted from 1 January 2013<br \/>\n(1)In this Part, except where the context otherwise requires &#8211;<\/p>\n<p>&#8220;appeal&#8221; means an appeal under section 933 or, as respects capital gains tax, an appeal under section 945;<\/p>\n<p>&#8220;assessment&#8221; means an assessment to tax made under the Income Tax Acts, the Corporation Tax Acts or the Capital Gains Tax Acts, as the case may be;<\/p>\n<p>&#8220;chargeable gain&#8221; has the same meaning as in section 545(3);<\/p>\n<p>&#8220;chargeable period&#8221; has the same meaning as in section 321(2);<\/p>\n<p>&#8220;chargeable person&#8221; means, as respects a chargeable period, a person who is chargeable to tax for that period, whether on that person&#8217;s own account or on account of some other person but, as respects income tax, does not include a person &#8211;<br \/>\n(a)whose only source or sources of income for the chargeable period is or are sources the income from which consists of emoluments to which Chapter 4 of Part 42 applies, but for this purpose a person who, in addition to such source or sources of income, has another source or other sources of income shall be deemed for the chargeable period to be a person whose only source or sources of income for the chargeable period is or are sources the income from which consists of emoluments to which Chapter 4 of Part 42 applies if the income from that other source or those other sources is taken into account in determining the amount of his or her tax credits and standard rate cut-off point for the chargeable period applicable to those emoluments, and, for the purposes of deciding whether such income should be so taken into account, the Revenue Commissioners may have regard to the amount for that, or any previous, chargeable period of the income of the person from that other source or those other sources before deductions, losses, allowances and other reliefs,<br \/>\n(b)who for the chargeable period has been exempted by an inspector from the requirements of section 951 by reason of a notice given under subsection (6) of that section, or<br \/>\n(c)who is chargeable to tax for the chargeable period by reason only of section 237, 238 or 239,<br \/>\nbut paragraph (a) shall not apply to a person who is a director or, in the case of a person to whom section 1017 or 1031C applies, whose spouse or civil partner is a director (within the meaning of section 116) of a body corporate other than a body corporate which during a period of 3 years ending on the 5th day of April in the chargeable period &#8211;<br \/>\n(i)was not entitled to any assets other than cash on hands, or a sum of money on deposit within the meaning of section 895, not exceeding \u20ac130,<br \/>\n(ii)did not carry on a trade, business or other activity including the making of investments, and<br \/>\n(iii)did not pay charges on income within the meaning of section 243;<\/p>\n<p>&#8220;determination of the appeal&#8221; means a determination by the Appeal Commissioners under section 933(4), and includes an agreement referred to in section 933(3) and an assessment becoming final and conclusive by virtue of section 933(6);<\/p>\n<p>&#8220;due date for the payment of an amount of preliminary tax&#8221; has the meaning assigned to it by section 958(2);<\/p>\n<p>&#8220;inspector&#8221;, in relation to any matter, includes such other officer as the Revenue Commissioners shall appoint in that behalf;<\/p>\n<p>&#8220;precedent partner&#8221; has the same meaning as in Part 43;<\/p>\n<p>&#8220;prescribed form&#8221; means a form prescribed by the Revenue Commissioners or a form used under the authority of the Revenue Commissioners, and includes a form which involves the delivery of a return by any electronic, photographic or other process approved of by the Revenue Commissioners;<\/p>\n<p>&#8220;preliminary tax&#8221; means the amount of tax which a chargeable person is required to pay in accordance with section 952;<\/p>\n<p>&#8220;specified provisions&#8221; means sections 877 to 881 and 884, paragraphs (a) and (d) of section 888(2), section 1023, and section 1031H;<\/p>\n<p>&#8220;specified return date for the chargeable period&#8221; in relation to a chargeable period, means &#8211;<br \/>\n(a)<br \/>\n(i)where the chargeable period is a year of assessment for income tax or capital gains tax purposes, being the year of assessment 2000-2001, 31 January 2002, and<br \/>\n(ii)where the chargeable period is a year of assessment for income tax or capital gains tax purposes, being the year of assessment 2001 or any subsequent year of assessment, 31 October in the year of assessment following that year,<br \/>\n(b)where the chargeable period is an accounting period of a company and subject to paragraph (c), the last day of the period of 9 months commencing on the day immediately following the end of the accounting period, but in any event not later than day 21 of the month in which that period of 9 months ends, and<br \/>\n(c)where the chargeable period is an accounting period of a company which ends on or before the date of commencement of the winding up of the company and the specified return date in respect of that accounting period would apart for this paragraph fall on a day after the date of commencement of the winding up but not within a period of 3 months after that date, the day which falls 3 months after the date of commencement of the winding up but in any event not later than day 21 of the month in which that period of 3 months ends;<\/p>\n<p>&#8220;tax&#8221; means income tax, corporation tax or capital gains tax, as the case may be.<\/p>\n<p>(1A)Where a return together with any payment which a company is required to make in accordance with the provisions of the Tax Acts are &#8211;<\/p>\n<p>(a)as respects the return, made by electronic means and in accordance with Chapter 6 of Part 38, and<\/p>\n<p>(b)as respects the payment, made by such electronic means (within the meaning of section 917EA) as are required by the Revenue Commissioners,<\/p>\n<p>then the definition of &#8220;specified return date for the chargeable period&#8221; shall apply and have effect as if in paragraphs (b) and (c) &#8220;day 23 of the month&#8221; were substituted for &#8220;day 21 of the month&#8221;; but where that return or payment is made after the day provided for in this subsection those Acts shall apply and have effect without regard to the provisions of this subsection.<\/p>\n<p>(2)Except in so far as otherwise expressly provided, this Part shall apply notwithstanding any other provision of the Tax Acts or the Capital Gains Tax Acts.<\/p>\n<p>(3)<\/p>\n<p>(a)Where any obligation or requirement is imposed on a person in any capacity under this Part and a corresponding obligation or requirement is imposed on that person in another capacity, the discharge of any one of those obligations or requirements shall not release the person from the other obligation or requirement.<\/p>\n<p>(b)A person shall not in any capacity have an obligation or requirement imposed on that person under this Part by reason only that such obligation or requirement is imposed on that person in any other capacity.<\/p>\n<p>(c)Where but for any of the subsequent provisions of this Part any such obligation or requirement would have been imposed on a person in more than one capacity, a release from such obligation or requirement under any of those provisions by reason of any fact or circumstance applying in relation to that person&#8217;s liability to tax in any one capacity shall not release that person from such obligation or requirement as is imposed on that person in a capacity other than that in which that fact or circumstance applies.<\/p>\n<p>951. Obligation to make a return.<br \/>\nDeleted from 1 January 2013<br \/>\n(1)Every chargeable person shall as respects a chargeable period prepare and deliver to the Collector-General on or before the specified return date for the chargeable period a return in the prescribed form of &#8211;<\/p>\n<p>(a)in the case of a chargeable person who is chargeable to income tax or capital gains tax for a chargeable period which is a year of assessment &#8211;<\/p>\n<p>(i)all such matters and particulars as would be required to be contained in a statement delivered pursuant to a notice given to the chargeable person by the appropriate inspector under section 877, if the period specified in such notice were the year of assessment which is the chargeable period, and<\/p>\n<p>(ii)where the chargeable person is an individual who is chargeable to income tax or capital gains tax for a chargeable period, in addition to those matters and particulars referred to in subparagraph (i), all such matters and particulars as would be required to be contained in a return for the period delivered to the appropriate inspector pursuant to a notice given to the chargeable person by the appropriate inspector under section 879, or<\/p>\n<p>(b)in the case of a chargeable person who is chargeable to corporation tax for a chargeable period which is an accounting period, all such matters and particulars in relation to the chargeable period as would be required to be contained in a return delivered pursuant to a notice given to the chargeable person by the appropriate inspector under section 884,<\/p>\n<p>and such further particulars (including particulars relating to the preceding year of assessment where the profits or gains of that preceding year are determined in accordance with section 65(3)) as may be required by the prescribed form.<\/p>\n<p>(1A)The prescribed form referred to in subsection (1) may include such matters in relation to gift tax and inheritance tax as may be required by that form.<\/p>\n<p>(2)The precedent partner of any partnership shall be deemed to be a chargeable person for the purposes of this section and shall as respects any chargeable period deliver to the Collector-General on or before the specified return date for that chargeable period the return which that partner would be required to deliver for that period under section 880, if the appropriate inspector had given notice under that section before that specified date.<\/p>\n<p>(3)<\/p>\n<p>(a)Where under subsection (1) or (2) a person delivers a return to the Collector-General, the person shall be deemed to have been required by a notice under section 877 to deliver a statement containing the matters and particulars contained in the return or to have been required by a notice under section 879, 880 or 884 to deliver the return, as the case may be.<\/p>\n<p>(b)Any provision of the Tax Acts relating to the taking of any action on the failure of a person to deliver a statement or return pursuant to a notice given under any of the sections referred to in paragraph (a) shall apply to a chargeable person in a case where such a notice has not been given as if the chargeable person had been given a notice on the specified return date for the chargeable period under such one or more of those sections as is appropriate to the provision in question.<\/p>\n<p>(4)A chargeable person shall prepare and deliver to the the Collector-General, a return for a chargeable period as required by this section notwithstanding that the chargeable person has not received a notice from an inspector to prepare and deliver a statement or return for that period under any of the sections referred to in subsection (3)(a).<\/p>\n<p>(5)<\/p>\n<p>(a)A return required by this section may be prepared and delivered by the chargeable person or by another person acting under the chargeable person&#8217;s authority in that regard.<\/p>\n<p>(b)Where a return is prepared and delivered by such other person, the Tax Acts shall apply as if it had been prepared and delivered by the chargeable person.<\/p>\n<p>(c)A return purporting to be prepared and delivered by or on behalf of any chargeable person shall for the purposes of the Tax Acts be deemed to have been prepared and delivered by that person or by that person&#8217;s authority, as the case may be, unless the contrary is proved.<\/p>\n<p>(6)An inspector may exclude a person from the application of this section by giving the person a notice in writing stating that the person is excluded from the application of this section, and the notice shall have effect for such chargeable period or periods or until such chargeable period or until the happening of such event as shall be specified in the notice; but &#8211;<\/p>\n<p>(a)where before the 25th day of May, 1988, a person has been given notice by the inspector that the person need not prepare and deliver a return for or until a specified chargeable period or until the happening of any event, the person shall be deemed to have been given notice to that effect under this subsection;<\/p>\n<p>(b)where a person who has been given a notice under this subsection is chargeable to capital gains tax for any chargeable period, this subsection shall not operate so as to remove the person&#8217;s obligation under subsection (1) to make a return of the person&#8217;s chargeable gains for that chargeable period.<\/p>\n<p>(7)<\/p>\n<p>(a)This section shall not affect the giving of a notice by an inspector under any of the specified provisions and shall not remove from any person any obligation or requirement imposed on the person by such a notice.<\/p>\n<p>(b)The giving of a notice under any of the specified provisions to a person shall not remove from that person any obligation to prepare and deliver a return under this section.<\/p>\n<p>(8)In a case to which section 1023(5) or 1031H(5), as the case may be, applies, a return containing for both the husband and the wife, or both civil partners, the matters and particulars required by subsection (1) shall, if delivered by one spouse, or one civil partner, satisfy the obligation of the other spouse or civil partner under this section.<\/p>\n<p>(9)Nothing in the specified provisions or in a notice given under any of those provisions shall operate so as to require a chargeable person to deliver a return for a chargeable period on a date earlier than the specified return date for the chargeable period.<\/p>\n<p>(10)A certificate signed by an officer of the Revenue Commissioners which certifies that he or she has examined the relevant records and that it appears from those records &#8211;<\/p>\n<p>(a)that as respects a chargeable period a named person is a chargeable person, and<\/p>\n<p>(b)that on or before the specified return date for the chargeable period a return in the prescribed form was not received from that chargeable person,<\/p>\n<p>shall be evidence until the contrary is proved that the person so named is a chargeable person as respects that chargeable period and that that person did not on or before the specified return date deliver that return, and a certificate certifying as provided by this subsection and purporting to be signed by an officer of the Revenue Commissioners may be tendered in evidence without proof and shall be deemed until the contrary is proved to have been signed by that inspector.<\/p>\n<p>(11)<\/p>\n<p>(a)[deleted]<\/p>\n<p>(b)[deleted]<\/p>\n<p>(c)[deleted]<\/p>\n<p>(d)The Collector-General may designate an address for the delivery of returns which in accordance with this section are required to be delivered to the Collector-General by chargeable person.<\/p>\n<p>(e)Where the Collector-General designates an address under paragraph (d), that address shall be published in Iris Oifigi\u00fail as soon as is practicable after such designation.<\/p>\n<p>(12)Sections 1052 and 1054 shall apply to a failure by a chargeable person to deliver a return in accordance with subsections (1) and (2) as they apply to a failure to deliver a return referred to in section 1052.<\/p>\n<p>952. Obligation to pay preliminary tax.<br \/>\nDeleted from 1 January 2013<br \/>\n(1)Every person who is a chargeable person as respects any chargeable period shall be liable to pay to the Collector-General in accordance with this section and section 958 the amount of that person&#8217;s preliminary tax appropriate to that chargeable period.<\/p>\n<p>(2)The amount of a chargeable person&#8217;s preliminary tax appropriate to a chargeable period shall be the amount of tax which in the opinion of the chargeable person is likely to become payable by that person for the chargeable period by reason of an assessment or assessments for the chargeable period made or to be made by the inspector or which would be made by the inspector if the inspector did not elect under section 954(4)) not to make an assessment.<\/p>\n<p>(3)[deleted]<\/p>\n<p>(4)Where on or before the due date for the payment of an amount of preliminary tax appropriate to a chargeable period the chargeable person by whom the tax is payable has received notice of an assessment for the period, the chargeable person shall not be liable to pay preliminary tax for that chargeable period.<\/p>\n<p>(5)Any amount of preliminary tax appropriate to a chargeable period which is paid by and not repaid to a chargeable person in any capacity shall, to the extent of the amount of that payment or the extent of the amount of that payment less any amount that has been repaid, be treated as a payment on foot of the tax payable by the chargeable person for the chargeable period, being tax which is specified in an assessment or assessments made or to be made for that period on the chargeable person in that capacity.<\/p>\n<p>(6)This section shall not apply to capital gains tax.<\/p>\n<p>953. Notices of preliminary tax.<\/p>\n<p>Deleted from 1 November 2003<br \/>\n(1)[deleted]<\/p>\n<p>(2)[deleted]<\/p>\n<p>(3)[deleted]<\/p>\n<p>(4)[deleted]<\/p>\n<p>(5)[deleted]<\/p>\n<p>(6)[deleted]<\/p>\n<p>(7)Where the amount of preliminary tax paid by a chargeable person for any chargeable period exceeds that person&#8217;s tax liability for that period, the excess shall be repaid and the amount repaid shall carry interest at the rate of 0.0161 per cent, or such other rate (if any) prescribed by the Minister for Finance by regulations, for each day or part of a day for the period from the date or dates of the payment of the amount or amounts giving rise to the overpayment, as the case may require, to the date on which the repayment is made; but &#8211;<\/p>\n<p>(a)interest shall not be payable under this subsection &#8211;<\/p>\n<p>(i)if it amounts to less than \u20ac10, or<\/p>\n<p>(ii)to the extent that the excess arises from relief provided for by section 438(4),<\/p>\n<p>and<\/p>\n<p>(b)income tax shall not be deductible on payment of interest under this subsection and such interest shall not be reckoned in computing income for the purposes of the Tax Acts.<\/p>\n<p>(8)[deleted]<\/p>\n<p>(9)[deleted]<\/p>\n<p>(10)[deleted]<\/p>\n<p>(11)[deleted]<\/p>\n<p>(12)Every regulation made under this section shall be laid before D\u00e1il \u00c9ireann as soon as may be after it is made and, if a resolution annulling the regulation is passed by D\u00e1il \u00c9ireann within the next 21 days on which D\u00e1il \u00c9ireann has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.<\/p>\n<p>954. Making of assessments.<br \/>\nDeleted from 1 January 2013<br \/>\n(1)An assessment shall not be made on a chargeable person for a chargeable period at any time before the specified return date for the chargeable period unless at that time the chargeable person has delivered a return for the chargeable period, and an assessment shall not be made at a time when the making of the assessment is precluded under section 955(2).<\/p>\n<p>(2)Subject to subsection (3), an assessment made on a chargeable person for a chargeable period shall be made by the inspector by reference to the particulars contained in the chargeable person&#8217;s return.<\/p>\n<p>(3)Where &#8211;<\/p>\n<p>(a)a chargeable person makes default in the delivery of a return for a chargeable period, or<\/p>\n<p>(b)the inspector is not satisfied with the return which has been delivered, or has received any information as to its insufficiency,<\/p>\n<p>nothing in this section shall prevent the inspector from making an assessment in accordance with section 919(4) or 922, as appropriate.<\/p>\n<p>(4)<\/p>\n<p>(a)Where as respects a chargeable period the inspector is satisfied that a chargeable person has paid all amounts of tax which, if the inspector were to make an assessment on the chargeable person for the chargeable period, would be payable by the chargeable person for the chargeable period, the inspector may elect not to make an assessment on the chargeable person for the chargeable period and, where the inspector so elects, he or she shall give notice of the election to the chargeable person, and the amounts paid by the chargeable person shall be deemed to have been payable in all respects as if the inspector had made the assessment.<\/p>\n<p>(b)Subject to section 955(2), nothing in this subsection shall prevent an inspector from making an assessment on the chargeable person for the chargeable period at any time after the giving of the notice of election under this section.<\/p>\n<p>(5)Where an inspector makes an assessment &#8211;<\/p>\n<p>(a)under either of the provisions referred to in subsection (3) in default of the delivery of a return, or<\/p>\n<p>(b)in circumstances where the chargeable person has calculated the amount of tax which will be payable by that person on foot of an assessment and the inspector does not at the time of the making of the assessment disagree with the tax as so calculated,<\/p>\n<p>it shall not be necessary to set out in the notice of assessment any particulars other than particulars as to the amount of tax to be paid by the chargeable person.<\/p>\n<p>(6)Notwithstanding subsections (1) to (5) but subject to section 955(2), where a chargeable person has delivered a return for a chargeable period, the chargeable person may by notice in writing given to the inspector require the inspector to make an assessment for the chargeable period and the inspector shall make the assessment forthwith.<\/p>\n<p>(7)Nothing in this section shall prevent an inspector from making an assessment in accordance with &#8211;<\/p>\n<p>(a)section 977(3) or subsection (2) or (3) of section 978, as appropriate, and, notwithstanding sections 952 and 958, tax specified in such an assessment shall be due and payable in accordance with section 979,<\/p>\n<p>(b)subsection (4) or (5), as appropriate, of section 980 and, not withstanding sections 952 and 958, tax specified in such an assessment shall be due and payable in accordance with section 980(10), or<\/p>\n<p>(c)section 1042 and, notwithstanding sections 952 and 958, tax specified in such an assessment shall be due and payable in accordance with section 1042.<\/p>\n<p>955. Amendment of and time limit for assessments.<br \/>\nDeleted from 1 January 2013<br \/>\n(1)Subject to subsection (2) and to section 1048, an inspector may at any time amend an assessment made on a chargeable person for a chargeable period by making such alterations in or additions to the assessment as he or she considers necessary, notwithstanding that tax may have been paid or repaid in respect of the assessment and notwithstanding that he or she may have amended the assessment on a previous occasion or on previous occasions, and the inspector shall give notice to the chargeable person of the assessment as so amended.<\/p>\n<p>(2)<\/p>\n<p>(a)Where a chargeable person has delivered a return for a chargeable period and has made in the return a full and true disclosure of all material facts necessary for the making of an assessment for the chargeable period, an assessment for that period or an amendment of such an assessment shall not be made on the chargeable person after the end of 4 years commencing at the end of the chargeable period in which the return is delivered and<\/p>\n<p>(i)no additional tax shall be payable by the chargeable person after the end of that period of 4 years, and<\/p>\n<p>(ii)no tax shall be repaid after the end of a period of 4 years commencing at the end of the chargeable period for which the return is delivered,<\/p>\n<p>by reason of any matter contained in the return.<\/p>\n<p>(b)Nothing in this subsection shall prevent the amendment of an assessment &#8211;<\/p>\n<p>(i)where a relevant return does not contain a full and true disclosure of the facts referred to in paragraph (a),<\/p>\n<p>(ii)to give effect to a determination on any appeal against an assessment,<\/p>\n<p>(iii)to take account of any fact or matter arising by reason of an event occurring after the return is delivered,<\/p>\n<p>(iv)to correct an error in calculation, or<\/p>\n<p>(v)to correct a mistake of fact whereby any matter in the assessment does not properly reflect the facts disclosed by the chargeable person,<\/p>\n<p>and tax shall be paid or repaid (notwithstanding any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made) where appropriate in accordance with any such amendment, and nothing in this section shall affect the operation of section 804(3).<\/p>\n<p>(3)A chargeable person who is aggrieved by an assessment or the amendment of an assessment on the grounds that the chargeable person considers that the inspector was precluded from making the assessment or the amendment, as the case may be, by reason of subsection (2) may appeal against the assessment or amended assessment on those grounds and, if on the hearing of the appeal the Appeal Commissioners determine &#8211;<\/p>\n<p>(a)that the inspector was so precluded, the Tax Acts shall apply as if the assessment or the amendment, as the case may be, had not been made, and the assessment or the amendment of the assessment as appropriate shall be void, or<\/p>\n<p>(b)that the inspector was not so precluded, the assessment or the assessment as amended shall stand, except to the extent that any amount or matter in that assessment is the subject of a valid appeal on any other grounds.<\/p>\n<p>(4)<\/p>\n<p>(a)Where a chargeable person is in doubt as to the application of law to or the treatment for tax purposes of any matter to be contained in a return to be delivered by the chargeable person, that person may deliver the return to the best of that person&#8217;s belief as to the application of law to or the treatment for tax purposes of that matter but that person shall draw the inspector&#8217;s attention to the matter in question in the return by specifying the doubt and, if that person does so, that person shall be treated as making a full and true disclosure with regard to that matter.<\/p>\n<p>(b)This subsection shall not apply where the inspector is, or on appeal the Appeal Commissioners are, not satisfied that the doubt was genuine and is or are of the opinion that the chargeable person was acting with a view to the evasion or avoidance of tax, and in such a case the chargeable person shall be deemed not to have made a full and true disclosure with regard to the matter in question.<\/p>\n<p>(5)<\/p>\n<p>(a)In this subsection, &#8220;relevant chargeable period&#8221; means &#8211;<\/p>\n<p>(i)where the chargeable period is a year of assessment for income tax, the year 1988-89 and any subsequent year of assessment,<\/p>\n<p>(ii)where the chargeable period is a year of assessment for capital gains tax, the year 1990-91 and any subsequent year of assessment, and<\/p>\n<p>(iii)where the chargeable period is an accounting period of a company, an accounting period ending on or after the 1st day of October, 1989.<\/p>\n<p>(b)Sections 919(5)(b) and 924 shall not apply in the case of a chargeable person for any relevant chargeable period, and all matters which would have been included in an additional first assessment under those sections shall be included in an amendment of the first assessment or first assessments made in accordance with this section.<\/p>\n<p>(c)For the purposes of paragraph (b), where any amount of income, profits or gains or, as respects capital gains tax, chargeable gains was omitted from the first assessment or first assessments or the tax stated in the first assessment or first assessments was less than the tax payable by the chargeable person for the relevant chargeable period concerned, there shall be made such adjustments or additions (including the addition of a further first assessment) to the first assessment or first assessments as are necessary to rectify the omission or to ensure that the tax so stated is equal to the tax so payable by the chargeable person.<\/p>\n<p>956. Inspector&#8217;s right to make enquiries and amend assessments.<br \/>\nDeleted from 1 January 2013<br \/>\n(1)<\/p>\n<p>(a)For the purpose of making an assessment on a chargeable person for a chargeable period or for the purpose of amending such an assessment, the inspector &#8211;<\/p>\n<p>(i)may accept either in whole or in part any statement or other particular contained in a return delivered by the chargeable person for that chargeable period, and<\/p>\n<p>(ii)may assess any amount of income, profits or gains or, as respects capital gains tax, chargeable gains, or allow any deduction, allowance or relief by reference to such statement or particular.<\/p>\n<p>(b)The making of an assessment or the amendment of an assessment by reference to any statement or particular referred to in paragraph (a)(i) shall not preclude the inspector &#8211;<\/p>\n<p>(i)from making such enquiries or taking such actions within his or her powers as he or she considers necessary to satisfy himself or herself as to the accuracy or otherwise of that statement or particular, and<\/p>\n<p>(ii)subject to section 955(2), from amending or further amending an assessment in such manner as he or she considers appropriate.<\/p>\n<p>(c)Any enquiries and actions referred to in paragraph (b) shall not be made in the case of any chargeable person for any chargeable period at any time after the expiry of the period of 4 years commencing at the end of the chargeable period in which the chargeable person has delivered a return for the chargeable period unless at that time the inspector has reasonable grounds for believing that the return is insufficient due to its having been completed in a fraudulent or negligent manner.<\/p>\n<p>(2)<\/p>\n<p>(a)A chargeable person who is aggrieved by any enquiry made or action taken by an inspector for a chargeable period, after the expiry of the period referred to in subsection (1)(c) in respect of that chargeable period, on the grounds that the chargeable person considers that the inspector is precluded from making that enquiry or taking that action by reason of subsection (1)(c) may, by notice in writing given to the inspector within 30 days of the inspector making that enquiry or taking that action, appeal to the Appeal Commissioners, and the Appeal Commissioners shall hear the appeal in all respects as if it were an appeal against an assessment.<\/p>\n<p>(b)Any action required to be taken by the chargeable person and any further action proposed to be taken by the inspector pursuant to the inspector&#8217;s enquiry or action shall be suspended pending the determination of the appeal.<\/p>\n<p>(c)Where on the hearing of the appeal the Appeal Commissioners &#8211;<\/p>\n<p>(i)determine that the inspector was precluded from making the enquiry or taking the action by reason of subsection (1)(c), the chargeable person shall not be required to take any action pursuant to the inspector&#8217;s enquiry or action and the inspector shall be prohibited from pursuing his enquiry or action, or<\/p>\n<p>(ii)decide that the inspector was not so precluded, it shall be lawful for the inspector to continue with his or her enquiry or action.<\/p>\n<p>957. Appeals.<br \/>\nDeleted from 1 January 2013<br \/>\n(1)No appeal may be made against &#8211;<\/p>\n<p>(a)[deleted]<\/p>\n<p>(b)the amount of any income, profits or gains or, as respects capital gains tax, chargeable gains, or the amount of any allowance, deduction or relief specified in an assessment or an amended assessment made on a chargeable person for a chargeable period, where the inspector has determined that amount by accepting without the alteration of and without departing from the statement or statements or the particular or particulars with regard to income, profits or gains or, as respects capital gains tax, chargeable gains, or allowances, deductions or reliefs specified in the return delivered by the chargeable person for the chargeable period, or<\/p>\n<p>(c)the amount of any income, profits or gains or, as respects capital gains tax, chargeable gains, or the amount of any allowance, deduction or relief specified in an assessment or an amended assessment made on a chargeable person for a chargeable period, where that amount had been agreed between the inspector and the chargeable person, or any person authorised by the chargeable person in that behalf, before the making of the assessment or the amendment of the assessment, as the case may be.<\/p>\n<p>(2)<\/p>\n<p>(a)Where &#8211;<\/p>\n<p>(i)a chargeable person makes default in the delivery of a return, or<\/p>\n<p>(ii)the inspector is not satisfied with the return which has been delivered by a chargeable person, or has received any information as to its insufficiency,<\/p>\n<p>and the inspector makes an assessment in accordance with section 919(4) or 922, no appeal shall lie against that assessment until such time as &#8211;<\/p>\n<p>(I)in a case to which subparagraph (i) applies, the chargeable person delivers the return, and<\/p>\n<p>(II)in a case to which either subparagraph (i) or (ii) applies, the chargeable person pays or has paid an amount of tax on foot of the assessment which is not less than the tax which would be payable on foot of the assessment if the assessment were made in all respects by reference to the statements and particulars contained in the return delivered by the chargeable person,<\/p>\n<p>and the time for bringing an appeal against the assessment shall be treated as commencing at the earliest date on which both the return has been delivered and that amount of tax has been paid, and references in this subsection to an assessment shall be construed as including references to any amendment of the assessment which is made before that earliest date.<\/p>\n<p>(b)References in this subsection to an amount of tax shall be construed as including any amount of interest which would be due and payable under section 1080 on that tax at the date of payment of the tax, together with any costs incurred or other amounts which may be charged or levied in pursuing the collection of the tax contained in the assessment or the assessment as amended, as the case may be.<\/p>\n<p>(3)Subject to subsections (1) and (2), where an assessment is amended under section 955 (not being an amendment made by reason of the determination of an appeal), the chargeable person may appeal against the assessment as so amended in all respects as if it were an assessment made on the date of the amendment and the notice of the assessment as so amended were a notice of the assessment, except that the chargeable person shall have no further right of appeal, in relation to matters other than additions to, deletions from, or alterations in the assessment, made by reason of the amendment, than the chargeable person would have had if the assessment had not been amended.<\/p>\n<p>(4)Where an appeal is brought against an assessment or an amended assessment made on a chargeable person for any chargeable period, the chargeable person shall specify in the notice of appeal &#8211;<\/p>\n<p>(a)each amount or matter in the assessment or amended assessment with which the chargeable person is aggrieved, and<\/p>\n<p>(b)the grounds in detail of the chargeable person&#8217;s appeal as respects each such amount or matter.<\/p>\n<p>(5)Where, as respects an amount or matter to which a notice of appeal relates, the notice does not comply with subsection (4), the notice shall, in so far as it relates to that amount or matter, be invalid and the appeal concerned shall, in so far as it relates to that amount or matter, be deemed not to have been brought.<\/p>\n<p>(6)The chargeable person shall not be entitled to rely on any ground of appeal that is not specified in the notice of appeal unless the Appeal Commissioners, or the judge of the Circuit Court, as the case may be, are or is satisfied that the ground could not reasonably have been stated in the notice.<\/p>\n<p>958. Date for payment of tax.<br \/>\nDeleted from 1 January 2013<br \/>\n(1)<\/p>\n<p>(a)In this section &#8211;<\/p>\n<p>&#8220;corresponding corporation tax for the preceding chargeable period&#8221;, in relation to a chargeable period which is an accounting period of a company, means an amount determined by the formula &#8211;<\/p>\n<p>&nbsp;<\/p>\n<p>where &#8211;<\/p>\n<p>Tis the corporation tax payable by the chargeable person for the preceding chargeable period,<\/p>\n<p>Cis the number of days in the chargeable period, and<\/p>\n<p>Pis the number of days in the preceding chargeable period;<\/p>\n<p>&#8220;corresponding income tax for the preceding chargeable period&#8221;, in relation to a chargeable period which is an accounting period of a company, means an amount determined by the formula &#8211;<\/p>\n<p>&nbsp;<\/p>\n<p>where &#8211;<\/p>\n<p>Iis the income tax payable under section 239 or 241 by the chargeable person for the preceding chargeable period,<\/p>\n<p>Cis the number of days in the chargeable period, and<\/p>\n<p>Pis the number of days in the preceding chargeable period;<\/p>\n<p>&#8220;tax payable for the initial period&#8221;, in relation to a chargeable period which is &#8211;<\/p>\n<p>(I)a year of assessment for capital gains tax (being the years of assessment 2003 to 2008 inclusive), means the tax which would be payable by the chargeable person if the year of assessment ended on 30 September in that year instead of 31 December in that year, or<\/p>\n<p>(II)a year of assessment for capital gains tax (being the year of assessment 2009 or any subsequent year of assessment), means the tax which would be payable by the chargeable person if the year of assessment ended on 30 November in that year instead of 31 December in that year;<\/p>\n<p>&#8220;tax payable for the later period&#8221;, in relation to a chargeable period which is a year of assessment for capital gains tax (being the year of assessment 2003 or any subsequent year of assessment), means the tax payable for the year of assessment less the tax payable for the initial period in relation to that year of assessment;<\/p>\n<p>&#8220;pre-preceding chargeable period&#8221;, in relation to a chargeable period, means the chargeable period next before the preceding chargeable period;<\/p>\n<p>&#8220;relevant accounting period&#8221; shall be construed in accordance with paragraph (c);<\/p>\n<p>&#8220;relevant accounting standards&#8221; has the same meaning as in Schedule 17A;<\/p>\n<p>&#8220;relevant company&#8221; means a company in respect of which profits or gains for the purposes of Case I or II of Schedule D are computed in accordance with relevant accounting standards, which are, or include, relevant accounting standards in relation to profits or gains or losses on financial assets or liabilities;<\/p>\n<p>&#8220;relevant limit&#8221;, in relation to a chargeable period which is an accounting period of a company, means \u20ac200,000; but where the length of a chargeable period is less than 12 months the relevant limit in relation to the chargeable period shall be proportionately reduced.<\/p>\n<p>(b)For the purposes of this section, a chargeable person being a company shall be a small company in relation to a chargeable period if the corresponding corporation tax for the preceding chargeable period payable by the chargeable person does not exceed the relevant limit in relation to the accounting period.<\/p>\n<p>(c)<\/p>\n<p>(i)Subject to subparagraph (ii), a relevant accounting period shall mean an accounting period of a company, other than a small company, which commences on or after 14 October 2008.<\/p>\n<p>(ii)An accounting period shall not be a relevant accounting period where, but for this subparagraph, the final instalment of preliminary tax would, by reason of the dates on which the accounting period commences and ends, be due and payable in accordance with subsection (2BA)(c) on or before the date on which the initial instalment would be due and payable in accordance with subsection (2BA)(b).<\/p>\n<p>(2)Subject to subsection (10), preliminary tax appropriate to a chargeable period which is a year of assessment for income tax shall be due and payable on or before 31 October in the year of assessment and, accordingly, references in this Part to the due date for the payment of an amount of preliminary tax shall, in the case where that tax is due for a chargeable period which is a year of assessment, be construed as a reference to 31 October in the year of assessment.<\/p>\n<p>(2A)<\/p>\n<p>(a)Preliminary tax appropriate to a chargeable period which is an accounting period of a company ending in the period from 1 January 2002 to 31 December 2005 shall be due and payable in 2 instalments.<\/p>\n<p>(b)The first of the 2 instalments referred to in paragraph (a) (in this section referred to as the &#8216;first instalment&#8217;) shall be due and payable not later than the day which is 31 days before the day on which the accounting period ends, but where that day is later than day 21 of the month in which the first-mentioned day occurs, the first instalment shall be due and payable not later than day 21 of that month.<\/p>\n<p>(c)Notwithstanding paragraph (b), in a case where an accounting period of a company is less than one month and one day in length, the first instalment shall be due and payable not later than the last day of the accounting period, but where that day is later than day 21 of the month in which that day occurs, the first instalment shall be due and payable not later than day 21 of that month.<\/p>\n<p>(d)The second of the 2 instalments referred to in paragraph (a) (in this section referred to as the &#8216;second instalment&#8217;) shall be due and payable within the period of 6 months from the end of the accounting period, but in any event the second instalment shall be due and payable not later than day 21 of the month in which that period of 6 months ends.<\/p>\n<p>(e)[deleted]<\/p>\n<p>(2B)<\/p>\n<p>(a)Subject to subsection (2BA), preliminary tax appropriate to a chargeable period which is an accounting period of a company ending on or after 1 January 2006 shall be due and payable not later than the day which is 31 days before the day on which the accounting period ends, but where that day is later than day 21 of the month in which the first-mentioned day occurs, that tax shall be due and payable not later than day 21 of that month.<\/p>\n<p>(b)Notwithstanding paragraph (a), in a case where an accounting period of a company ending on or after 1 January 2006 is less than one month and one day in length, preliminary tax shall be due and payable not later than the last day of the accounting period, but where that day is later than day 21 of the month in which that day occurs, that tax shall be due and payable not later than day 21 of that month.<\/p>\n<p>(c)Where in relation to a chargeable period which is an accounting period of a company &#8211;<\/p>\n<p>(i)the tax payable by a chargeable person (being a company) for the chargeable period does not exceed the relevant limit, and<\/p>\n<p>(ii)the chargeable period commenced on the company coming within the charge to corporation tax,<\/p>\n<p>then the preliminary tax appropriate to the chargeable period shall be taken to be nil and subsections (4C) and (4CA) shall not apply.<\/p>\n<p>(2BA)<\/p>\n<p>(a)Preliminary tax appropriate to a chargeable period which is a relevant accounting period shall be due and payable in 2 instalments.<\/p>\n<p>(b)The first of the 2 instalments referred to in paragraph (a) (in this section referred to as the &#8216;initial instalment&#8217;) shall be due and payable within a period of 6 months from the commencement of the accounting period, but in any event the initial instalment shall be due and payable not later than day 21 of the month in which that period of 6 months ends.<\/p>\n<p>(c)The second of the 2 instalments referred to in paragraph (a) (in this section referred to as the &#8216;final instalment&#8217;) shall be due and payable not later than the day which is 31 days before the day on which the accounting period ends, but where that day is later than day 21 of the month in which the first-mentioned day occurs, the final instalment shall be due and payable not later than day 21 of that month.<\/p>\n<p>(2BB)Where a payment of preliminary tax due and payable in accordance with subsection (2B) or (2BA) is made by such electronic means (within the meaning of section 917EA) as are required by the Revenue Commissioners, then paragraphs (a) and (b) of subsection (2B) and paragraphs (b) and (c) of subsection (2BA) shall apply and have effect as if &#8216;day 23 of the month&#8217; were substituted for &#8216;day 21 of the month&#8217; and &#8216;day 23 of that month&#8217; were substituted for &#8216;day 21 of that month&#8217; in each place where it occurs; but where that payment is made after the day provided for in this subsection the Tax Acts shall apply and have effect without regard to the provisions of this subsection.<\/p>\n<p>(2C)<\/p>\n<p>(a)References in this Part to the due date for the payment of the first instalment, or the second instalment, of preliminary tax shall be construed in accordance with subsection (2A).<\/p>\n<p>(b)Subject to paragraph (c), references in this Part to the due date for the payment of an amount of preliminary tax shall, in the case where that tax is due for a chargeable period which is an accounting period of a company ending on or after 1 January 2006, be construed in accordance with subsection (2B).<\/p>\n<p>(c)References in this Part to the due date for the payment of the initial instalment, or the final instalment, of preliminary tax shall, in the case where that tax is due for a chargeable period which is a relevant accounting period, be construed in accordance with subsection (2BA).<\/p>\n<p>(3)<\/p>\n<p>(a)Subject to subsections (3A), (4), (4B), (4C), (4CA), (4D), (4E), (4F) and (4G), tax payable by a chargeable person for a chargeable period shall be due and payable &#8211;<\/p>\n<p>(i)subject to subparagraphs (ii) and (iii), where an assessment is made on the chargeable person for the chargeable period before the due date for the payment of an amount of preliminary tax for the chargeable period, on or before that date,<\/p>\n<p>(ii)where an assessment is made on the chargeable person for the chargeable period (being a year of assessment for income tax) before the specified return date for the chargeable period, on or before that date,<\/p>\n<p>(iii)where an assessment has not been made on the chargeable person for the chargeable period (being a year of assessment for income tax) on or before the specified return date for the chargeable period,<\/p>\n<p>(iv)where an assessment has not been made on the chargeable person for the chargeable period (being the year of assessment 2002 for capital gains tax), on or before the specified return date for the chargeable period,<\/p>\n<p>(v)where the chargeable period is a year of assessment for capital gains tax (being the year of assessment 2003 for capital gains tax or any subsequent year of assessment for capital gains tax) and an assessment has not been made on the chargeable person for the year of assessment &#8211;<\/p>\n<p>(I)as respects tax payable for the initial period &#8211;<\/p>\n<p>(A)where the initial period falls in the years of assessment 2003 to 2008 inclusive, on or before 31 October in the year of assessment, and<\/p>\n<p>(B)where the initial period falls in the year of assessment 2009 or any subsequent year of assessment, on or before 15 December in that year of assessment, and<\/p>\n<p>(II)as respects tax payable for the later period, on or before 31 January in the next following year of assessment, or<\/p>\n<p>(vi)where the chargeable period is an accounting period of a company, on or before the specified return date for the chargeable period.<\/p>\n<p>(b)Where in relation to a chargeable period (being a year of assessment for income tax) the tax payable by a chargeable person for a year of assessment is due and payable in accordance with paragraph (a) (iii), then, the tax specified in any subsequent assessment made on the chargeable person for that year shall be deemed to have been due and payable on or before the specified return date for the chargeable period.<\/p>\n<p>(c)<\/p>\n<p>(i)Where in relation to a chargeable period (being the year of assessment 2002 for capital gains tax) the tax payable by a chargeable person for the year of assessment is due and payable in accordance with paragraph (a) (iv), then, the tax specified in any subsequent assessment made on the chargeable person for that year shall be deemed to have been due and payable on or before the specified return date for the chargeable period.<\/p>\n<p>(ii)Where in relation to a chargeable period (being the year of assessment for capital gains tax 2003 or any subsequent year of assessment for capital gains tax) the tax payable by a chargeable person for a year of assessment is due and payable in accordance with paragraph (a) (v), then, the tax specified in any subsequent assessment made on the chargeable person for that year shall be deemed to have been due and payable &#8211;<\/p>\n<p>(I)on or before &#8211;<\/p>\n<p>(A)31 October, as respects tax payable in the initial period, where that period falls in the years of assessment 2003 to 2008 inclusive,<\/p>\n<p>(B)15 December, as respects tax payable in the initial period, where that period falls in the year of assessment 2009 or any subsequent year of assessment,<\/p>\n<p>and<\/p>\n<p>(II)on or before 31 January in the next following year of assessment as respects tax payable for the later period.<\/p>\n<p>(d)Where in relation to a chargeable period (being an accounting period of a company) the tax payable by a chargeable person for an accounting period is due and payable in accordance with paragraph (a)(vi), then, the tax specified in any subsequent assessment made on the chargeable person for that accounting period shall be deemed to have been due and payable on or before the specified return date for the chargeable period.<\/p>\n<p>(3A)<\/p>\n<p>(a)In this paragraph the &#8216;specified amount&#8217;, in relation to a year of assessment for income tax and the year of assessment 2002 for capital gains tax, means the greater of &#8211;<\/p>\n<p>(i)5 per cent of the tax payable by that person for that year or \u20ac3,175, whichever is the lesser, and<\/p>\n<p>(ii)\u20ac635.<\/p>\n<p>(b)Subject to subsection (3), where &#8211;<\/p>\n<p>(i)an assessment to tax has not been made on a chargeable person on or before the specified return date for the chargeable period (being a year of assessment for income tax and the year of assessment 2002 for capital gains tax), and<\/p>\n<p>(ii)the chargeable person has &#8211;<\/p>\n<p>(I)delivered a return for the year of assessment by the specified return date for the chargeable period,<\/p>\n<p>(II)made in the return a full and true disclosure of all material facts necessary for the making of a correct assessment for the year of assessment, and<\/p>\n<p>(III)paid an amount of tax for the year of assessment on or before the specified return date, being an amount which is less than the tax payable by the chargeable person for that year of assessment by not more than the specified amount,<\/p>\n<p>then, subject to subsection (8), any additional tax payable by that person for that year shall be due and payable on or before 31 December in the next following year of assessment.<\/p>\n<p>(4)Where but for this subsection tax payable by a chargeable person for a chargeable period which is a year of assessment would be due and payable in accordance with subsection (3), other than paragraph (a)(i) of that subsection, and &#8211;<\/p>\n<p>(a)the chargeable person has defaulted in the payment of preliminary tax for the chargeable period,<\/p>\n<p>(b)the preliminary tax paid by the chargeable person for the chargeable period is less than, or less than the least of, as the case may be &#8211;<\/p>\n<p>(i)90 per cent of the tax payable by the chargeable person for the chargeable period,<\/p>\n<p>(ii)<\/p>\n<p>(I)where the chargeable period is a year of assessment other than the year of assessment 2001 or 2002, the income tax payable by the chargeable person for the preceding chargeable period,<\/p>\n<p>(II)where the chargeable period is the year of assessment 2002, 135 per cent of the income tax payable by the chargeable person for the preceding chargeable period,<\/p>\n<p>(III)where the chargeable period is the year of assessment 2001, 74 per cent of the income tax payable by the chargeable person for the preceding chargeable period,<\/p>\n<p>(iii)in the case of a chargeable person to whom subsection (10) applies (other than a chargeable person in relation to whom the amount of income tax payable, or taken in accordance with subsection (5)(a) to be payable, for the pre-preceding chargeable period was nil) &#8211;<\/p>\n<p>(I)where the chargeable period is a year of assessment other than the year of assessment 2001 or 2003, 105 per cent of the income tax payable by the chargeable person for the pre-preceding chargeable period,<\/p>\n<p>(II)where the chargeable period is the year of assessment 2003, 142 per cent of the income tax payable by the chargeable person for the pre-preceding chargeable period,<\/p>\n<p>(III)where the chargeable period is the year of assessment 2001, 78 per cent of the income tax payable by the chargeable person for the pre-preceding chargeable period,<\/p>\n<p>or<\/p>\n<p>(c)the preliminary tax payable by the chargeable person for the chargeable period was not paid by the date on which it was due and payable,<\/p>\n<p>the tax payable by the chargeable person shall be deemed to have been due and payable on the due date for the payment of an amount of preliminary tax for the chargeable period.<\/p>\n<p>(4A)Where &#8211;<\/p>\n<p>(a)after the due date for the payment of an amount of preliminary tax for a chargeable period (being a year of assessment for income tax), an amount of additional income tax to which subsection (3A) applies is paid for the preceding chargeable period, and<\/p>\n<p>(b)an additional amount of preliminary tax (which is not more than the additional amount of income tax so paid) is paid on or before 31 December in the year of assessment such that the total amount of preliminary tax paid by the chargeable person for the chargeable period is not less than the amount specified in subsection (4)(b)(ii),<\/p>\n<p>then, the additional amount of preliminary tax so paid shall be deemed for the purposes of subsection (4)(b)(ii) to have been paid on the due date for the payment of an amount of preliminary tax for the chargeable period.<\/p>\n<p>(4B)<\/p>\n<p>(a)Subject to subsection (4D), where but for this subsection tax payable by a chargeable person for a chargeable period which is an accounting period of a company ending in the period from 1 January 2002 to 31 December 2005 would be due and payable in accordance with subsection (3), and &#8211;<\/p>\n<p>(i)the chargeable person has defaulted in the payment of the first instalment or the second instalment of preliminary tax for the chargeable period,<\/p>\n<p>(ii)where the chargeable person is a small company in relation to the accounting period, the first instalment of the preliminary tax paid by the chargeable person for the chargeable period is less than, or less than the lower of &#8211;<\/p>\n<p>(I)where the chargeable period is an accounting period of the company ending in the year 2002, 18 per cent of the tax payable by the chargeable person for the chargeable period or 20 per cent of the corresponding corporation tax for the preceding chargeable period,<\/p>\n<p>(II)where the chargeable period is an accounting period of the company ending in the year 2003, 36 per cent of the tax payable by the chargeable person for the chargeable period or 40 per cent of the corresponding corporation tax for the preceding chargeable period,<\/p>\n<p>(III)where the chargeable period is an accounting period of the company ending in the year 2004, 54 per cent of the tax payable by the chargeable person for the chargeable period or 60 per cent of the corresponding corporation tax for the preceding chargeable period, or<\/p>\n<p>(IV)where the chargeable period is an accounting period of the company ending in the year 2005, 72 per cent of the tax payable by the chargeable person for the chargeable period or 80 per cent of the corresponding corporation tax for the preceding chargeable period,<\/p>\n<p>(iii)where the chargeable person is not a small company in relation to the accounting period, the first instalment of the preliminary tax paid by the chargeable person for the chargeable period is less than &#8211;<\/p>\n<p>(I)where the chargeable period is an accounting period of the company ending in the year 2002, 18 per cent,<\/p>\n<p>(II)where the chargeable period is an accounting period of the company ending in the year 2003, 36 per cent,<\/p>\n<p>(III)where the chargeable period is an accounting period of the company ending in the year 2004, 54 per cent, or<\/p>\n<p>(IV)where the chargeable period is an accounting period of the company ending in the year 2005, 72 per cent,<\/p>\n<p>of the tax payable by the chargeable person for the chargeable period,<\/p>\n<p>(iv)the aggregate of the first instalment and the second instalment of the preliminary tax paid by the chargeable person for the chargeable period is less than 90 per cent of the tax payable by the chargeable person for the chargeable period, or<\/p>\n<p>(v)the first instalment or the second instalment of the preliminary tax payable by the chargeable person for the chargeable period was not paid by the date on which it was due and payable,<\/p>\n<p>then the tax payable by the chargeable person for the chargeable period shall be deemed to have been due and payable in accordance with paragraph (b).<\/p>\n<p>(b)<\/p>\n<p>(i)Tax due and payable in accordance with this paragraph by a chargeable person for a chargeable period which is an accounting period of a company shall be due and payable in 2 instalments.<\/p>\n<p>(ii)The first of the 2 instalments referred to in subparagraph (i) (in this paragraph and in paragraphs (c) and (d) referred to as the &#8216;first relevant instalment&#8217;) shall be due and payable not later than the day on which the first instalment of preliminary tax is due and payable in accordance with subsection (2A).<\/p>\n<p>(iii)The second of the 2 instalments referred to in subparagraph (i) (in this paragraph and in paragraphs (c) and (d) referred to as the &#8216;second relevant instalment&#8217;) shall be due and payable not later than the day on which the second instalment of preliminary tax is due and payable in accordance with subsection (2A).<\/p>\n<p>(c)The amount of the first relevant instalment shall be &#8211;<\/p>\n<p>(i)where the chargeable period is an accounting period of the company ending in the year 2002, 20 per cent,<\/p>\n<p>(ii)where the chargeable period is an accounting period of the company ending in the year 2003, 40 per cent,<\/p>\n<p>(iii)where the chargeable period is an accounting period of the company ending in the year 2004, 60 per cent, and<\/p>\n<p>(iv)where the chargeable period is an accounting period of the company ending in the year 2005, 80 per cent,<\/p>\n<p>of the tax payable by the chargeable person for the chargeable period.<\/p>\n<p>(d)The amount of the second relevant instalment shall be an amount equal to the excess of the tax payable by the chargeable person for the chargeable period over the amount of the first relevant instalment.<\/p>\n<p>(4C)Subject to subsections (2B) (c), (4CA), (4E), (4F), (4G) and (11), where but for this subsection tax payable by a chargeable person for a chargeable period which is an accounting period of a company ending on or after 1 January 2006 would be due and payable in accordance with subsection (3), and &#8211;<\/p>\n<p>(a)the chargeable person has defaulted in the payment of preliminary tax for the chargeable period,<\/p>\n<p>(b)the preliminary tax paid by the chargeable person for the chargeable period is &#8211;<\/p>\n<p>(i)where the chargeable person is a small company in relation to the accounting period, less than, or less than the lower of &#8211;<\/p>\n<p>(I)90 per cent of the tax payable by the chargeable person for the chargeable period, or<\/p>\n<p>(II)the sum of the corresponding corporation tax for the preceding chargeable period and the corresponding income tax for the preceding chargeable period,<\/p>\n<p>and<\/p>\n<p>(ii)where the chargeable person is not a small company in relation to the accounting period, or is not a company with a preliminary tax liability of nil by virtue of subsection (2B)(c), less than 90 per cent of the tax payable by the chargeable person for the chargeable period,<\/p>\n<p>or<\/p>\n<p>(c)the preliminary tax payable by the chargeable person for the chargeable period was not paid by the date on which it was due and payable,<\/p>\n<p>then the tax payable by the chargeable person for the chargeable period shall be deemed to have been due and payable on the due date for the payment of an amount of preliminary tax for the chargeable period.<\/p>\n<p>(4CA)<\/p>\n<p>(a)Subject to subsections (2B) (c), (4E), (4F), (4G) and (11), where but for this subsection tax payable by a chargeable person for a chargeable period which is a relevant accounting period would be due and payable in accordance with subsection (3), and &#8211;<\/p>\n<p>(i)the chargeable person has defaulted in the payment of the initial instalment or final instalment of preliminary tax for the chargeable period,<\/p>\n<p>(ii)the initial instalment of preliminary tax paid by the chargeable person for the chargeable period is less than, or less than the lower of &#8211;<\/p>\n<p>(I)45 per cent of the tax payable by the chargeable person for the chargeable period, or<\/p>\n<p>(II)50 per cent of the sum of the corresponding corporation tax for the preceding chargeable period and the corresponding income tax for the preceding chargeable period,<\/p>\n<p>(iii)where the chargeable period commenced on the company coming within the charge to corporation tax, the initial instalment of preliminary tax paid by the chargeable person for the chargeable period is less than 45 per cent of the tax payable by the chargeable person for the chargeable period,<\/p>\n<p>(iv)the aggregate of the initial instalment and the final instalment of preliminary tax paid by the chargeable person for the chargeable period is less than 90 per cent of the tax payable by the chargeable person for the chargeable period, or<\/p>\n<p>(v)the initial instalment or the final instalment of preliminary tax payable by the chargeable person for the chargeable period was not paid by the date on which it was due and payable,<\/p>\n<p>then the tax payable by the chargeable person for the chargeable period shall be deemed to have been due and payable in accordance with paragraph (b).<\/p>\n<p>(b)<\/p>\n<p>(i)Tax due and payable in accordance with this paragraph by a chargeable person for a chargeable period which is a relevant accounting period shall be due and payable in 2 instalments.<\/p>\n<p>(ii)The first of the 2 instalments referred to in subparagraph (i) (in this paragraph and in paragraphs (c) and (d) referred to as the &#8216;initial relevant instalment&#8217;) shall be due and payable not later than the day on which the initial instalment of preliminary tax is due and payable in accordance with subsection (2BA).<\/p>\n<p>(iii)The second of the 2 instalments referred to in subparagraph (i) (in this paragraph and in paragraph (d) referred to as the &#8216;final relevant instalment&#8217;) shall be due and payable not later than the day on which the final instalment of preliminary tax is due and payable in accordance with subsection (2BA).<\/p>\n<p>(c)The amount of the initial relevant instalment shall be 45 per cent of the tax payable by the chargeable person for the chargeable period.<\/p>\n<p>(d)The amount of the final relevant instalment shall be an amount equal to the excess of the tax payable by the chargeable person for the chargeable period over the amount of the initial relevant instalment.<\/p>\n<p>(4D)Where as respects a chargeable period which is an accounting period of a company ending in the period 1 January 2002 to 31 December 2005 &#8211;<\/p>\n<p>(a)the first instalment of preliminary tax paid by the chargeable person for the chargeable period in accordance with subsection (2A) is less than &#8211;<\/p>\n<p>(i)where the chargeable period is an accounting period ending in 2002, 18 per cent,<\/p>\n<p>(ii)where the chargeable period is an accounting period ending in 2003, 36 per cent,<\/p>\n<p>(iii)where the chargeable period is an accounting period ending in 2004, 54 per cent, or<\/p>\n<p>(iv)where the chargeable period is an accounting period ending in 2005, 72 per cent,<\/p>\n<p>of the tax payable by the chargeable person for the chargeable period,<\/p>\n<p>(b)the preliminary tax so paid by the chargeable person for the chargeable period is not less than &#8211;<\/p>\n<p>(i)where the chargeable period is an accounting period ending in 2002, 18 per cent,<\/p>\n<p>(ii)where the chargeable period is an accounting period ending in 2003, 36 per cent,<\/p>\n<p>(iii)where the chargeable period is an accounting period ending in 2004, 54 per cent, or<\/p>\n<p>(iv)where the chargeable period is an accounting period ending in 2005, 72 per cent,<\/p>\n<p>of the amount which would be payable by the chargeable person for the chargeable period if no amount were included in the chargeable person&#8217;s profits for the chargeable period &#8211;<\/p>\n<p>(i)in respect of chargeable gains on the disposal by the person of assets in the part of the chargeable period which is after the date by which, or<\/p>\n<p>(ii)in the case of a relevant company, in respect of profits or gains or losses accruing, and not realised, in the chargeable period on financial assets or financial liabilities as are attributable to changes in value of those assets or liabilities in the part of the chargeable period which is after the end of the month immediately preceding the month in which,<\/p>\n<p>the first instalment for the chargeable period is payable in accordance with subsection (2A),<\/p>\n<p>(c)the chargeable person makes a further payment of preliminary tax for the chargeable period within one month after the end of the chargeable period and the aggregate of that payment and the first instalment paid by the chargeable person for the chargeable period in accordance with subsection (2A) is not less than the percentage specified in paragraph (a) in relation to the chargeable period of the tax payable by the chargeable person for the chargeable period, and<\/p>\n<p>(d)the aggregate of those payments and the second instalment paid by the chargeable person for the chargeable period in accordance with subsection (2A) is not less than 90 per cent of the tax payable by the chargeable person for the chargeable period,<\/p>\n<p>then the preliminary tax paid by the chargeable person for the chargeable period shall be treated for the purposes of subsection (4B) as having been paid by the date by which it is due and payable.<\/p>\n<p>(4E)Subject to subsections (4F) and (4G), where as respects a chargeable period which is an accounting period of a company ending on or after 1 January 2006 &#8211;<\/p>\n<p>(a)the preliminary tax paid by the chargeable person for the chargeable period in accordance with subsection (2B) is less than 90 per cent of the tax payable by the chargeable person for the chargeable period,<\/p>\n<p>(b)the preliminary tax so paid by the chargeable person for the chargeable period is not less than 90 per cent of the amount which would be payable by the chargeable person for the chargeable period if no amount were included in the chargeable person&#8217;s profits for the chargeable period &#8211;<\/p>\n<p>(i)in respect of chargeable gains on the disposal by the person of assets in the part of the chargeable period which is after the date by which, or<\/p>\n<p>(ii)in the case of a relevant company, in respect of profits or gains or losses accruing, and not realised, in the chargeable period on financial assets or financial liabilities as are attributable to changes in value of those assets or liabilities in the part of the chargeable period which is after the end of the month immediately preceding the month in which,<\/p>\n<p>preliminary tax for the chargeable period is payable in accordance with subsection (2B), and<\/p>\n<p>(c)the chargeable person makes a further payment of preliminary tax for the chargeable period within one month after the end of the chargeable period and the aggregate of that payment and the preliminary tax paid by the chargeable person for the chargeable period in accordance with subsection (2B) is not less than 90 per cent of the tax payable by the chargeable person for the chargeable period.<\/p>\n<p>then the preliminary tax paid by the chargeable person for the chargeable period shall be treated for the purposes of subsection (4C) as having been paid by the date by which it is due and payable.<\/p>\n<p>(4F)Where as respects a chargeable period which is a relevant accounting period<\/p>\n<p>(a)the initial instalment of preliminary tax paid by the chargeable person for the chargeable period in accordance with subsection (2BA) is less than 45 per cent of the tax payable by the chargeable person for the chargeable period,<\/p>\n<p>(b)the initial instalment of preliminary tax so paid by the chargeable person for the chargeable period is not less than 45 per cent of the amount which would be payable by the chargeable person for the chargeable period if no amount were included in the chargeable person&#8217;s profits for the chargeable period &#8211;<\/p>\n<p>(i)in respect of chargeable gains on the disposal by the person of assets in the part of the chargeable period which is after the date by which the initial instalment of preliminary tax for the chargeable period is payable in accordance with subsection (2BA), or<\/p>\n<p>(ii)in the case of a relevant company, in respect of profits or gains or losses accruing, and not realised, in the chargeable period on financial assets or financial liabilities as are attributable to changes in value of those assets or liabilities in the part of the chargeable period which is after the end of the month immediately preceding the month in which the initial instalment of preliminary tax for the chargeable period is payable in accordance with subsection (2BA),<\/p>\n<p>and<\/p>\n<p>(c)the aggregate of the initial instalment and the final instalment of preliminary tax paid by the chargeable person for the chargeable period in accordance with subsection (2BA) is not less than 90 per cent of that amount of tax which would be payable by the chargeable person for the chargeable period if computed in accordance with subsection (4G)(b),<\/p>\n<p>then the initial instalment of preliminary tax paid by the chargeable person for the chargeable period shall be treated for the purposes of subsection (4CA) as having been paid by the date on which it is due and payable.<\/p>\n<p>(4G)Where as respects a chargeable period which is a relevant accounting period &#8211;<\/p>\n<p>(a)the aggregate of the initial instalment and the final instalment of preliminary tax paid by the chargeable person for the chargeable period in accordance with subsection (2BA) is less than 90 per cent of the tax payable by the chargeable person for the chargeable period,<\/p>\n<p>(b)the aggregate of the initial instalment and the final instalment of preliminary tax so paid by the chargeable person for the chargeable period is not less than 90 per cent of the amount which would be payable by the chargeable person for the chargeable period if no amount were included in the chargeable person&#8217;s profits for the chargeable period &#8211;<\/p>\n<p>(i)in respect of chargeable gains on the disposal by the person of assets in the part of the chargeable period which is after the date by which, or<\/p>\n<p>(ii)in the case of a relevant company, in respect of profits or gains or losses accruing, and not realised, in the chargeable period on financial assets or financial liabilities as are attributable to changes in value of those assets or liabilities in the part of the chargeable period which is after the end of the month immediately preceding the month in which,<\/p>\n<p>the final instalment of preliminary tax for the chargeable period is payable in accordance with subsection (2BA), and<\/p>\n<p>(c)the chargeable person makes a further payment of preliminary tax for the chargeable period within one month after the end of the chargeable period and the aggregate of that payment and the initial instalment and final instalment of preliminary tax paid by the chargeable person for the chargeable period in accordance with subsection (2BA) is not less than 90 per cent of the tax payable by the chargeable person for the chargeable period,<\/p>\n<p>then the final instalment of preliminary tax paid by the chargeable person for the chargeable period shall be treated for the purposes of subsection (4CA) as having been paid by the date on which it is due and payable.<\/p>\n<p>(5)For the purposes of subparagraphs (ii) and (iii) of subsection (4)(b) &#8211;<\/p>\n<p>(a)subject to subsection (7), where the chargeable person was not a chargeable person for the preceding chargeable period or for the pre-preceding chargeable period, the income tax payable for the preceding chargeable period or the pre-preceding chargeable period, as the case may be, shall be taken to be nil, and<\/p>\n<p>(b)where, after the due date for the payment of an amount of preliminary tax for a chargeable period which is a year of assessment, an amount of additional income tax for the preceding chargeable period or, in the case of a chargeable person to whom subsection (10) applies, the pre-preceding chargeable period becomes payable, that additional income tax shall not be taken into account only if it became due and payable one month following the amendment to the assessment or the determination of the appeal, as the case may be, by virtue of subsection (8) (b) or (9) (b).<\/p>\n<p>(6)For the purpose of subparagraphs (ii) and (iii) of subsection (4)(b), where the chargeable person is chargeable to income tax for a chargeable period &#8211;<\/p>\n<p>(a)the tax payable for the preceding chargeable period or, in the case of a chargeable person to whom subsection (10) applies, the pre-preceding chargeable period shall be determined without regard to any relief to which the chargeable person is or may become entitled for the preceding chargeable period or the pre-preceding chargeable period, as the case may be, under Part 16, and<\/p>\n<p>(b)the tax payable for the preceding chargeable period or, in the case of a chargeable person to whom subsection (10) applies, the pre-preceding chargeable period shall be determined without regard to any relief to which the chargeable person is or may become entitled for the preceding chargeable period or the pre-preceding chargeable period, as the case may be, under section 481.<\/p>\n<p>(7)Where for a chargeable period, being a year of assessment for income tax, a chargeable person is assessed to tax in accordance with section 1017 or 1031C, and that person was not so assessed for the preceding chargeable period or for the pre-preceding chargeable period or for both of those periods either &#8211;<\/p>\n<p>(a)because the person&#8217;s spouse or civil partner was so assessed for either or both of those periods, or<\/p>\n<p>(b)because the person and the person&#8217;s spouse or civil partner were assessed to tax in accordance with section 1016 or 1023, or section 1031B or 1031H, as the case may be, for either or both of those periods,<\/p>\n<p>subparagraphs (ii) and (iii) of subsection (4)(b) and subsection (5)(a) shall apply as if the person and the person&#8217;s spouse or civil partner had elected in accordance with section 1018, 1019 or 1031D, as the case may be, for the person to be assessed to tax in accordance with section 1017 or 1031C for any of those periods for which the person or the person&#8217;s spouse or civil partner were entitled to so elect or, in the case of married persons, would have been so entitled if section 1019 had applied.<\/p>\n<p>(8)<\/p>\n<p>(a)Subject to paragraph (b) and subsection (9), any additional tax due by reason of the amendment of an assessment for a chargeable period shall be deemed to be due and payable on the same day as the tax charged by the assessment before its amendment was due and payable.<\/p>\n<p>(b)Where &#8211;<\/p>\n<p>(i)the assessment was made after the chargeable person had delivered a return containing a full and true disclosure of all material facts necessary for the making of the assessment, or<\/p>\n<p>(ii)the assessment had previously been amended following the delivery of the return containing such disclosure,<\/p>\n<p>any additional tax due by reason of the amendment of the assessment shall be deemed to have been due and payable not later than one month from the date of the amendment.<\/p>\n<p>(8A)<\/p>\n<p>(a)Where, in relation to a chargeable period being a year of assessment for income tax, the profits or gains of a corresponding period relating to the preceding year of assessment are taken to be the profits or gains of that preceding year of assessment in accordance with section 65(3), then, notwithstanding that the assessment for that preceding year of assessment has not been amended, any tax payable for that preceding year of assessment which exceeds the tax due and payable for that year without regard to the operation of section 65(3) shall be due and payable on or before the specified return date for the chargeable period.<\/p>\n<p>(b)An amount of income tax to which paragraph (a) applies shall not be taken into account for the purposes of subsection (4).<\/p>\n<p>(c)Notwithstanding subsection (8), where, in relation to a chargeable period being a year of assessment for income tax, any additional tax for the preceding year of assessment is due and payable by virtue of an amendment of the assessment for that year made in accordance with section 65(3), then, such additional tax as specified in the amendment to the assessment for that year shall be deemed to have been due and payable on or before the specified return date for the chargeable period.<\/p>\n<p>(9)<\/p>\n<p>(a)The amount by which the tax, found to be payable for a chargeable period on the determination of an appeal against an assessment made on a chargeable person for the chargeable period, is in excess of the amount of the tax for the chargeable period referred to in section 957(2)(a)(II) which the chargeable person had paid before the making of the appeal shall be deemed to be due and payable on the same date as the tax charged by the assessment is due and payable.<\/p>\n<p>(b)Notwithstanding paragraph (a), where &#8211;<\/p>\n<p>(i)the tax which the chargeable person had paid before the making of the appeal is not less than 90 per cent of the tax found to be payable on the determination of the appeal, and<\/p>\n<p>(ii)the tax charged by the assessment was due and payable in accordance with subsection (3),<\/p>\n<p>the excess referred to in that paragraph shall be deemed to be due and payable not later than one month from the date of the determination of the appeal.<\/p>\n<p>(10)<\/p>\n<p>(a)This subsection shall apply to a chargeable person who authorises the Collector-General to collect preliminary tax by the debiting of the bank account of that person in accordance with paragraph (b) and complies with such conditions as the Collector-General may reasonably impose to ensure that an amount of preliminary tax payable by a chargeable person for a chargeable period will be paid by the chargeable person in accordance with this subsection.<\/p>\n<p>(b)Preliminary tax appropriate to a chargeable period where the chargeable period is a year of assessment for income tax shall be due and payable in the case of a chargeable person to whom this subsection applies &#8211;<\/p>\n<p>(i)as respects the first year of assessment for which the Collector-General is authorised in accordance with paragraph (a) to debit that person&#8217;s bank account, by way of a minimum of 3 equal monthly instalments in that year, and<\/p>\n<p>(ii)as respects any subsequent year of assessment in which the Collector-General is so authorised, by way of a minimum of 8 equal monthly instalments in that year,<\/p>\n<p>and the Collector-General shall debit the bank account of that person with such instalments on day 9 of each month for which the Collector-General is so authorised.<\/p>\n<p>(c)The Collector-General may, in any particular case, in order to facilitate the payment of preliminary tax in accordance with this subsection, agree at the Collector-General&#8217;s discretion to vary the number of equal monthly instalments to be collected in a year or agree at the Collector-General&#8217;s discretion to an increase or decrease in the amount to be collected in any subsequent instalment to be made in that year.<\/p>\n<p>(d)A chargeable person shall not be treated as having paid an amount of preliminary tax in accordance with this subsection unless that person pays in the year of assessment the monthly instalments due in accordance with paragraph (b) or (c), as appropriate.<\/p>\n<p>(e)For the purposes of this section, a chargeable person who pays an amount of preliminary tax appropriate to a chargeable period in accordance with this subsection shall be deemed to have paid that amount of preliminary tax on the due date for the payment of an amount of preliminary tax for the chargeable period.<\/p>\n<p>(11)<\/p>\n<p>(a)In this subsection &#8211;<\/p>\n<p>&#8220;initial balance&#8221; means the amount represented by the formula &#8211;<\/p>\n<p>A &#8211; B<\/p>\n<p>where &#8211;<\/p>\n<p>Ais the amount of the initial instalment of preliminary tax paid by the surrendering company for the relevant period in accordance with subsection (2BA), and<\/p>\n<p>Bis &#8211;<\/p>\n<p>(i)where the relevant period commenced on the surrendering company coming within the charge to corporation tax &#8211;<\/p>\n<p>(I)45 per cent of the tax payable by the surrendering company for the relevant period, or<\/p>\n<p>(II)where subsection (2B)(c) applies in relation to that period, a nil amount,<\/p>\n<p>or,<\/p>\n<p>(ii)in any other case, the lower of &#8211;<\/p>\n<p>(I)45 per cent of the tax payable by the surrendering company for the relevant period, or<\/p>\n<p>(II)50 per cent of the sum of the corresponding corporation tax for the preceding chargeable period and the corresponding income tax for the preceding chargeable period, which is payable by the surrendering company;<\/p>\n<p>&#8220;final balance&#8221; means the amount represented by the formula &#8211;<\/p>\n<p>C &#8211; D<\/p>\n<p>where &#8211;<\/p>\n<p>Cis the amount of preliminary tax paid by the surrendering company for the relevant period in accordance with subsection (2B) or subsection (2BA), as the case may be, and<\/p>\n<p>Dis 90 per cent of the tax payable by the surrendering company for the relevant period, or, where subsection (2B)(c) applies in relation to that period, a nil amount;<\/p>\n<p>&#8220;relevant initial balance&#8221; means that part of an initial balance that is specified in a notice given in accordance with paragraph (c);<\/p>\n<p>&#8220;relevant final balance&#8221; means that part of a final balance that is specified in a notice given in accordance with paragraph (c).<\/p>\n<p>(b)This subsection applies where &#8211;<\/p>\n<p>(i)a chargeable person being a company (in this subsection referred to as the &#8220;surrendering company&#8221;) which is a member of a group pays &#8211;<\/p>\n<p>(I)an initial instalment of preliminary tax for a chargeable period (in this subsection referred to as the &#8220;relevant period&#8221;) in accordance with subsection (2BA), being an amount which exceeds, or exceeds the lower of &#8211;<\/p>\n<p>(A)45 per cent of the tax payable by the surrendering company for the relevant period, or<\/p>\n<p>(B)50 per cent of the sum of the corresponding corporation tax for the preceding chargeable period and the corresponding income tax for the preceding chargeable period, which is payable by the surrendering company,<\/p>\n<p>(II)an initial instalment of preliminary tax for a relevant period which commenced on the surrendering company coming within the charge to corporation tax, being an amount which exceeds 45 per cent of the tax payable by that company for the relevant period,<\/p>\n<p>(III)an amount of preliminary tax for a relevant period in accordance with subsection (2B) or subsection (2BA) as the case may be, being an amount which exceeds 90 per cent of the tax payable by the surrendering company for the relevant period, or<\/p>\n<p>(IV)any amount of preliminary tax for a relevant period in respect of which subsection (2B)(c) applies,<\/p>\n<p>(ii)another chargeable person being a company (in this subsection referred to as the &#8220;claimant company&#8221;) which is a member of the group pays &#8211;<\/p>\n<p>(I)an initial instalment of preliminary tax for a chargeable period in accordance with subsection (2BA), being an amount which is less than, or less than the lower of &#8211;<\/p>\n<p>(A)45 per cent of the tax payable by the claimant company for the chargeable period, or<\/p>\n<p>(B)50 per cent of the sum of the corresponding corporation tax for the preceding chargeable period and the corresponding income tax for the preceding chargeable period, which is payable by the claimant company,<\/p>\n<p>(II)an initial instalment of preliminary tax for a chargeable period which commenced on the claimant company coming within the charge to corporation tax, being an amount which is less than 45 per cent of the tax payable by that company for the relevant period, or<\/p>\n<p>(III)an amount of preliminary tax for a chargeable period in accordance with subsection (2BA), being an amount which is less than 90 per cent of the tax payable by the claimant company for the chargeable period,<\/p>\n<p>(iii)the chargeable period in subparagraph (ii) coincides with the relevant period, and<\/p>\n<p>(iv)the claimant company is not a small company in relation to the relevant period.<\/p>\n<p>(c)<\/p>\n<p>Where this subsection applies the 2 companies may, at any time on or before the specified return date for the chargeable period of the surrendering company, jointly give notice to the Collector-General, in such form as the Revenue Commissioners may require, that &#8211;<\/p>\n<p>(i)paragraph (d)(i) is to have effect in relation to the relevant initial balance, or,<\/p>\n<p>(ii)paragraph (d)(ii) is to have effect in relation to the relevant final balance,<\/p>\n<p>which is specified in the notice.<\/p>\n<p>(d)<\/p>\n<p>(i)Where this paragraph has effect in relation to any relevant initial balance &#8211;<\/p>\n<p>(I)an additional amount of preliminary tax equal to the relevant initial balance shall be deemed for the purposes of subsection (4CA)(a)(ii) to have been paid by the claimant company on the due date for the payment of the initial instalment of preliminary tax of that company for the relevant period if 100 per cent of the tax payable by the claimant company for the relevant period, disregarding this clause, is paid on or before the specified return date for the relevant period, and<\/p>\n<p>(II)the surrendering company shall for the purposes of this subsection be treated as having surrendered the relevant initial balance to the claimant company and that relevant initial balance shall not be available for use by any other company under this subsection.<\/p>\n<p>(ii)Where this paragraph has effect in relation to any relevant final balance &#8211;<\/p>\n<p>(I)an additional amount of preliminary tax equal to the relevant final balance shall be deemed for the purposes of subsection (4CA)(a)(iv) to have been paid by the claimant company on the due date for the payment of the final instalment of preliminary tax of that company for the relevant period if 100 per cent of the tax payable by the claimant company for the relevant period, disregarding this clause, is paid on or before the specified return date for the relevant period, and<\/p>\n<p>(II)the surrendering company shall for the purposes of this subsection be treated as having surrendered the relevant final balance to the claimant company and that relevant final balance shall not be available for use by any other company under this subsection.<\/p>\n<p>(e)A payment for a relevant initial balance or for a relevant final balance &#8211;<\/p>\n<p>(i)shall not be taken into account in computing profits or losses of either company for corporation tax purposes, and<\/p>\n<p>(ii)shall not be regarded as a distribution or a charge on income for any of the purposes of the Corporation Tax Acts,<\/p>\n<p>and, in this paragraph, &#8220;payment for a relevant initial balance or for a relevant final balance&#8221; means a payment made by the claimant company to the surrendering company in pursuance of an agreement between them as respects an amount surrendered in accordance with this subsection, being a payment not exceeding that amount.<\/p>\n<p>(f)<\/p>\n<p>(i)This subsection shall not affect the liability to pay corporation tax of any company to which the subsection relates.<\/p>\n<p>(ii)Where this subsection applies, the amount on which, but for this subsection, the claimant company is liable to pay interest in accordance with section 1080 shall be reduced by &#8211;<\/p>\n<p>(I)any relevant initial balance deemed to have been paid by that company in accordance with paragraph (d)(i)(I), or<\/p>\n<p>(II)any relevant final balance deemed to have been paid by that company in accordance with paragraph (d)(ii)(I).<\/p>\n<p>(g)For the purposes of this subsection, 2 companies are members of the same group if and only if they would be such members for the purposes of section 411.<\/p>\n<p>959. Miscellaneous (Part 41).<br \/>\nDeleted from 1 January 2013<br \/>\n(1)Section 1048 shall apply to an amendment of an assessment under section 955 as it applies to an additional first assessment under section 924.<\/p>\n<p>(2)Where the inspector or any other officer of the Revenue Commissioners acting with the knowledge of the inspector causes to issue, manually or by any electronic, photographic or other process, a notice of assessment or a notice of an amendment of an assessment bearing the name of the inspector, that assessment or amended assessment to which the notice of assessment or notice of amended assessment relates, as the case may be, shall for those purposes be deemed to have been made by the inspector to the best of his or her judgment.<\/p>\n<p>(3)An assessment which is otherwise final and conclusive shall not for any purpose of the Tax Acts and the Capital Gains Tax Acts be regarded as not final and conclusive or as ceasing to be final and conclusive by reason only of the fact that the inspector has amended or may amend the assessment pursuant to section 955 and, where in the case of a chargeable person the inspector elects under section 954(4) not to make an assessment for any chargeable period, the Tax Acts and the Capital Gains Tax Acts shall apply as if an assessment for that chargeable period made on the chargeable person had become final and conclusive on the date on which the notice of election is given.<\/p>\n<p>(4)The giving by a chargeable person of a notice pursuant to section 876 shall not remove from the person an obligation to deliver a return under section 951.<\/p>\n<p>(5)The provisions of this Part as respects due dates for payment of tax shall apply subject to sections 579(4)(b) and 981.<\/p>\n<p>(6)References in this Part to any provision of the Income Tax Acts shall, where appropriate for capital gains tax and unless the contrary intention appears, be construed as a reference to those provisions as applied in relation to capital gains tax by sections 913, 931, 1051, 1077 or 1083, as appropriate.<\/p>\n<p>(7)Section 926 shall not apply to a chargeable person as respects any chargeable period.<\/p>\n<p>Part 41A<\/p>\n<h4>Assessing Rules Including Rules for Self Assessment (ss. 959A-959AW)<\/h4>\n<h4>Chapter 1 Interpretation (Part 41A) (ss. 959A-959B)<\/h4>\n<p>959A.<\/p>\n<h4>Interpretation.<\/h4>\n<p>In this Part, except where the context otherwise requires &#8211;<\/p>\n<p>&#8220;Acts&#8221;<br \/>\n(a)the Income Tax Acts,<br \/>\n(b)the Corporation Tax Acts,<br \/>\n(c)the Capital Gains Tax Acts,<br \/>\n(ca)Part 18A,<br \/>\n(d)Part 18C,<br \/>\n(e)Part 18D,<br \/>\nand any instruments made under any of those Acts or Parts;<\/p>\n<p>&#8220;amount of tax chargeable&#8221;, in relation to a person and an Act, means the amount of tax chargeable on the person under the Act after taking into account &#8211;<br \/>\n(a)each allowance, deduction or relief that is authorised by the Act to be given to the person against income, profits or gains or, as applicable, chargeable gains, and<br \/>\n(b)in the case of an individual to whom Chapter 2A of Part 15 applies, any increase in the taxable income of the individual by virtue of that Chapter;<\/p>\n<p>&#8220;amount of tax payable&#8221;, in relation to a person and an Act, means the amount of tax computed by reducing the amount of tax chargeable on the person by the amount of any tax credit that is authorised by the Act to be given to the person in relation to a person and an Act, means the amount of tax payable by the person after reducing the amount of tax chargeable on the person under the Act by the amount of any tax credit that is authorised by the Act in relation to that person;<\/p>\n<p>&#8220;assessment&#8221;, other than in section 959G, means an assessment to tax that is made under the Acts and, unless the context otherwise requires, includes a self assessment;<\/p>\n<p>&#8220;chargeable gain&#8221; has the same meaning as in section 545(3);<\/p>\n<p>&#8220;chargeable period&#8221; means an accounting period of a company or a tax year;<\/p>\n<p>&#8220;chargeable person&#8221; means, as respects a chargeable period, a person who is chargeable to tax for that period, whether on that person&#8217;s own account or on account of some other person but, as respects income tax, does not include a person to whom subsection (1) of section 959B relates;<\/p>\n<p>&#8220;due date for the payment of an amount of preliminary tax&#8221; has the meaning assigned to it by Chapter 7;<\/p>\n<p>&#8220;electronic means&#8221; includes electronic, digital, magnetic, optical, electromagnetic, biometric, photonic means of transmission of data and other forms of related technology by means of which data is transmitted;<\/p>\n<p>&#8220;electronic record&#8221; includes electronic, digital, magnetic, optical, electromagnetic, biometric, photonic means of storing data and other forms of related technology by means of which data is stored;<\/p>\n<p>&#8220;precedent partner&#8221; has the same meaning as in Part 43;<\/p>\n<p>&#8220;prescribed form&#8221; means a form prescribed by the Revenue Commissioners or a form used under the authority of the Revenue Commissioners;<\/p>\n<p>&#8220;preliminary tax&#8221; means the amount of tax which a chargeable person is required to pay in accordance with section 959AN;<\/p>\n<p>&#8220;return&#8221; means the return which is required to be prepared and delivered in accordance with Chapter 3;<\/p>\n<p>&#8220;Revenue assessment&#8221; shall be construed in accordance with section 959C;<\/p>\n<p>&#8220;Revenue officer&#8221; means an officer of the Revenue Commissioners;<\/p>\n<p>&#8220;self assessment&#8221; means an assessment to tax made by a chargeable person, or in relation to a chargeable person, in accordance with Chapter 4;<\/p>\n<p>&#8220;specified provisions&#8221; means sections 877 to 881, section 884, paragraphs (a) and (d) of section 888(2), section 1023, and section 1031H;<\/p>\n<p>&#8220;specified return date for the accounting period&#8221; shall be construed in accordance with paragraph (b) of the definition of specified return date for the chargeable period;<\/p>\n<p>&#8220;specified return date for the chargeable period&#8221; means &#8211;<br \/>\n(a)in relation to a tax year for income tax or capital gains tax purposes, 31 October in the tax year following that year,<br \/>\n(b)in relation to an accounting period of a company &#8211;<br \/>\n(i)subject to subparagraphs (ii) and (iii), the last day of the period of 9 months starting on the day immediately following the end of the accounting period, but in any event not later than day 21 of the month in which that period of 9 months ends,<br \/>\n(ii)where the accounting period ends on or before the date the winding up of the company starts and the specified return date in respect of that accounting period would, apart from this subparagraph, fall on a day after the date the winding up started but not within a period of 3 months after that date, the day which falls 3 months after the date the winding up started but in any event not later than day 21 of the month in which that period of 3 months ends, and<br \/>\n(iii)where, in relation to the accounting period, a return is made by electronic means in accordance with Chapter 6 of Part 38 and any payment which the company is required to make in accordance with the provisions of the Acts is made by such electronic means as are required by the Revenue Commissioners &#8211;<br \/>\n(I)in circumstances other than those referred to in subparagraph (ii), the last day of the period of 9 months starting on the day immediately following the end of the accounting period, but in any event not later than day 23 of the month in which that period of 9 months ends provided that both the return and the payment is made by that day,<br \/>\n(II)in the circumstances referred to in subparagraph (ii), the day which falls 3 months after the date the winding up started but in any event not later than day 23 of the month in which that period of 3 months ends provided that both the return and the payment is made by that day;<\/p>\n<p>&#8220;specified return date for the tax year&#8221; shall be construed in accordance with paragraph (a) of the definition of specified return date for the chargeable period;<\/p>\n<p>&#8220;tax&#8221;, other than in section 959G, means any income tax, corporation tax, capital gains tax or any other levy or charge which under the Acts is placed under the care and management of the Revenue Commissioners;<\/p>\n<p>&#8220;tax credit&#8221;, in relation to a person and an Act, means an amount authorised by the Act to be given or set against, or deducted from, the amount of tax chargeable on the person under the Act;<\/p>\n<p>&#8220;tax year&#8221; means a year of assessment<\/p>\n<p>959B.<\/p>\n<h4>Supplemental interpretation provisions.<\/h4>\n<p>(1)For the purposes of the meaning assigned to &#8216;chargeable person&#8217; in section 959A, it does not include a person &#8211;<\/p>\n<p>(a)whose only source or sources of income for a tax year is or are sources the income from which consists of emoluments to which Chapter 4 of Part 42 applies, but for this purpose a person who, in addition to such source or sources of income, has another source or other sources of income shall be deemed for the tax year to be a person whose only source or sources of income for the tax year is or are sources the income from which consists of emoluments to which Chapter 4 of Part 42 applies if the income from that other source or those other sources, which does not exceed \u20ac5,000 in total &#8211;<\/p>\n<p>(i)is taken into account in determining the amount of his or her tax credits and standard rate cut-off point for the tax year applicable to those emoluments, or<\/p>\n<p>(ii)is fully taxed at source under section 261,<\/p>\n<p>and, for the purposes of deciding whether such income should be taken into account in determining the amount of tax credits and standard rate cut-off point for the tax year, the Revenue Commissioners may have regard to the amount for that, or any previous, tax year of the income of the person from that other source or those other sources before deductions, losses, allowances and other reliefs,<\/p>\n<p>(b)who for the tax year has been excluded by a Revenue officer from the requirements of Chapter 3 by reason of a notice given under section 959N, or<\/p>\n<p>(c)who is chargeable to tax for the tax year by reason only of section 237, 238 or 239,<\/p>\n<p>but paragraph (a) shall not apply to a person who is a director or, in the case of a person to whom section 1017 or 1031C applies, whose spouse or civil partner is a director (within the meaning of section 116) of a body corporate other than a body corporate which during a period of 3 years ending on 31 December in the tax year &#8211;<\/p>\n<p>(i)was not entitled to any assets other than cash on hands, or a sum of money on deposit within the meaning of section 895, not exceeding \u20ac130,<\/p>\n<p>(ii)did not carry on a trade, business or other activity including the making of investments, and<\/p>\n<p>(iii)did not pay charges on income within the meaning of section 243.<\/p>\n<p>(2)<\/p>\n<p>(a)In the Acts (other than in this Part), any reference however expressed to a person being assessed to tax, to an assessment being made on a person, or to a person being charged to tax by an assessment, shall be construed as including a reference to a person being so assessed or so charged by a self assessment made under Chapter 4.<\/p>\n<p>(b)For the purposes of paragraph (a), the reference to assessment and self assessment includes an amended assessment and an amended self assessment.<\/p>\n<p>(3)<\/p>\n<p>(a)Where any obligation or requirement is imposed on a person in any capacity under this Part and a corresponding obligation or requirement is imposed on that person in another capacity, the discharge of any one of those obligations or requirements shall not release the person from the other obligation or requirement.<\/p>\n<p>(b)A person shall not in any capacity have an obligation or requirement imposed on that person under this Part by reason only that such obligation or requirement is imposed on that person in any other capacity.<\/p>\n<p>(c)Where but for any of the subsequent provisions of this Part any such obligation or requirement would have been imposed on a person in more than one capacity, a release from such obligation or requirement under any of those provisions by reason of any fact or circumstance applying in relation to that person&#8217;s liability to tax in any one capacity shall not release that person from such obligation or requirement as is imposed on that person in a capacity other than that in which that fact or circumstance applies.<\/p>\n<p>(4)<\/p>\n<p>(a)References in this Part to tax payable, tax which would be payable or tax found to be payable shall be construed in accordance with the definition of &#8216;amount of tax payable&#8217; in section 959A and any related references shall also be construed accordingly.<\/p>\n<p>(b)Paragraph (a) shall apply regardless of the type of tax to which the reference applies.<\/p>\n<p>Chapter 2<\/p>\n<h4>Assessments: General Rules (ss. 959C-959H)<\/h4>\n<p>959C.<\/p>\n<h4>Making of assessments: general rules.<\/h4>\n<p>(1)Any assessment made under the Acts, other that a self assessment, shall be made by or on behalf of the Revenue Commissioners and shall be known as a &#8216;Revenue assessment&#8217;.<\/p>\n<p>(2)A Revenue assessment shall be made by a Revenue officer.<\/p>\n<p>(3)An assessment made under an Act shall be an assessment to tax in relation to a person for a chargeable period and all tax that falls to be charged on the person under the Act for the chargeable period shall be included in one assessment.<\/p>\n<p>(4)An assessment to tax in relation to a person shall be an assessment, in accordance with the Acts, for the chargeable period involved of &#8211;<\/p>\n<p>(a)the amount of the income, profits or gains or, as the case may be, chargeable gains arising to the person for the period,<\/p>\n<p>(b)the amount of tax chargeable on the person for the period,<\/p>\n<p>(c)the amount of tax payable by the person for the period, and<\/p>\n<p>(d)the balance of tax, taking account of any amount of tax paid directly by the person to the Collector-General for the period, which under the Acts &#8211;<\/p>\n<p>(i)is due and payable by the person to the Revenue Commissioners for the period, or<\/p>\n<p>(ii)is overpaid by the person for the period and which, subject to the Acts, is available for offset or repayment by the Revenue Commissioners.<\/p>\n<p>(5)Subject to section 959E(5), an assessment to tax in relation to a person for a chargeable period may relate to &#8211;<\/p>\n<p>(a)tax chargeable under more than one of the Acts, and<\/p>\n<p>(b)an amount due under an enactment other than the Acts which by virtue of that enactment is to be assessed and charged as if it were an amount of income tax.<\/p>\n<p>(6)An assessment to tax in relation to a person shall, where required under section 1084, include the amount of any surcharge due for the chargeable period.<\/p>\n<p>959D.<\/p>\n<h4>Record of assessments and generation of notices by electronic means.<\/h4>\n<p>(1)The Revenue Commissioners shall keep a record of &#8211;<\/p>\n<p>(a)each Revenue assessment made, and<\/p>\n<p>(b)each self assessment made by a Revenue officer in relation to a chargeable person under section 959U.<\/p>\n<p>(2)The requirements of subsection (1) shall be satisfied where a Revenue officer enters details of the assessment, including the tax charged in the assessment, in an electronic record.<\/p>\n<p>(3)Where a Revenue officer &#8211;<\/p>\n<p>(a)enters details of an assessment in accordance with subsection (2), and<\/p>\n<p>(b)a notice of assessment in the name of another Revenue officer is produced or generated by electronic means,<\/p>\n<p>the Revenue officer whose name appears on the notice shall, for the purposes of the Acts, be deemed to have &#8211;<\/p>\n<p>(i)other than where section 959U(3) applies, made the assessment to which the notice relates,<\/p>\n<p>(ii)where the notice relates to a Revenue assessment, made the assessment to the best of his or her judgement, and<\/p>\n<p>(iii)given the notice that was so issued, produced or generated.<\/p>\n<p>959E.<\/p>\n<h4>Notice of assessment by Revenue officer.<\/h4>\n<p>(1)Where a Revenue assessment is made or a self assessment is made by a Revenue officer in relation to a chargeable person under section 959U, a Revenue officer shall give notice to the person assessed of the assessment made.<\/p>\n<p>(2)Notice of an assessment, which is given by a Revenue officer, may be given in writing or by electronic means.<\/p>\n<p>(3)Where a return is prepared and delivered in accordance with section 959L by another person acting under a chargeable person&#8217;s authority, a copy of the notice of assessment shall be given to that other person.<\/p>\n<p>(4)Subject to subsection (5) and section 959AC, a notice of assessment given by a Revenue officer to a person for a chargeable period shall include details of &#8211;<\/p>\n<p>(a)the amount of the income, profits or gains or, as the case may be, chargeable gains arising to the person for the period,<\/p>\n<p>(b)the amount of tax chargeable on the person for the period,<\/p>\n<p>(c)the amount of tax payable by the person for the period,<\/p>\n<p>(d)the balance of tax, taking account of any amount of tax paid directly by the person to the Collector-General for the period, which under the Acts &#8211;<\/p>\n<p>(i)is due and payable by the person to the Revenue Commissioners for the period, or<\/p>\n<p>(ii)is overpaid by the person for the period and which, subject to the Acts, is available for offset or repayment by the Revenue Commissioners,<\/p>\n<p>(e)the amount of any surcharge which, under section 1084, is required to be included in the assessment,<\/p>\n<p>(f)the name of the Revenue officer who is giving the notice and the address of the Revenue office at which that officer is based, and<\/p>\n<p>(g)the time allowed for giving notice of appeal against the assessment to which the notice relates.<\/p>\n<p>(5)<\/p>\n<p>(a)Where an assessment relates to tax chargeable under more than one of the Acts, the notice of assessment shall identify the amount of tax chargeable under each of the Acts.<\/p>\n<p>(b)Where by virtue of an enactment other than the Acts, an amount due under that enactment is to be assessed and charged as if it were an amount of income tax, the notice of assessment shall identify the amount so chargeable by virtue of that enactment.<\/p>\n<p>(6)A notice of assessment may include details of one or more of the following for the chargeable period involved:<\/p>\n<p>(a)the Case or Schedule under which an amount of income, profits or gains has been charged in the assessment;<\/p>\n<p>(b)the provision of the Act by virtue of which an amount of income, profits or gains or, as the case may be, chargeable gains has been charged in the assessment;<\/p>\n<p>(c)the amount of each allowance, deduction, relief or tax credit to which the person assessed is entitled for the period;<\/p>\n<p>(d)the calculation of the amount of tax chargeable on the person for the period;<\/p>\n<p>(e)the calculation of the amount of tax payable by the person for the period;<\/p>\n<p>(f)the calculation of the balance of tax payable by, or repayable to, the person for the period.<\/p>\n<p>959F.<\/p>\n<h4>Double assessment.<\/h4>\n<p>(1)Where it appears to the satisfaction of the Revenue Commissioners that a person, either on the person&#8217;s own account or on behalf of another person, has been assessed to tax more than once for the same chargeable period for the same cause and on the same account, they shall vacate the whole, or the part, of any assessment as appears to them to constitute a double assessment.<\/p>\n<p>(2)A person who, either on the person&#8217;s own account or on behalf of another person, has been assessed to tax and is again assessed for the same chargeable period for the same cause and on the same account, may apply for relief to the Revenue Commissioners who, on proof to their satisfaction of the double assessment, shall cause the assessment, or so much of the assessment as constitutes a double assessment, to be vacated.<\/p>\n<p>(3)Where it is proved to the satisfaction of the Revenue Commissioners that any double assessment has been made and that payment has been made on both assessments, they shall, subject to section 865B, offset the amount of the overpayment (in whole or in part as appropriate) against any other liability of that person in accordance with section 960H or, as the case may be but subject to section 865, repay the amount of the overpayment (or the balance of it after any offset) to the person on whom the double assessment has been made.<\/p>\n<p>(4)A person aggrieved by a decision of the Revenue Commissioners to not grant (to that person) relief under this section may appeal the decision to the Appeal Commissioners, in accordance with section 949I, within the period of 30 days after the date of the notice of that decision and such an appeal shall be treated as an appeal against an assessment for the purpose of section 949AK.<\/p>\n<p>(5)Anything required to be done under this section by the Revenue Commissioners may be done by a Revenue officer.<\/p>\n<p>959G.<\/p>\n<h4>Transmission to Collector-General of particulars of sums to be collected.<\/h4>\n<p>(1)In this section &#8211;<\/p>\n<p>&#8216;assessment&#8217; has the same meaning as in Chapter 1A of Part 42 and, by virtue of section 959B(2), includes a self assessment;<\/p>\n<p>&#8216;tax&#8217; has the same meaning as in Chapter 1A of Part 42.<\/p>\n<p>(2)After assessments to tax have been made, a Revenue officer shall transmit particulars of the sums to be collected to the Collector-General or to a Revenue officer nominated in writing under section 960B for collection.<\/p>\n<p>(3)The entering by a Revenue officer of details of an assessment to tax and of the tax charged in such an assessment in an electronic record from which the Collector-General or a Revenue officer nominated in writing under section 960B may extract such details by electronic means shall constitute transmission of such details by a Revenue officer to the Collector-General or to the Revenue officer nominated in writing under section 960B.<\/p>\n<p>959H.<\/p>\n<h4>Amended assessment and notice of amended assessment.<\/h4>\n<p>For the purposes of the Acts, the other provisions of this Chapter shall with any necessary modifications apply in like manner to an amended assessment and a notice of an amended assessment as it applies to an assessment and a notice of assessment.<\/p>\n<p>Chapter 3 Chargeable Persons: Returns (ss. 959I-959Q)<br \/>\n959I. Obligation to make a return.<br \/>\n(1)Every chargeable person shall as respects a chargeable period prepare and deliver to the Collector-General on or before the specified return date for the chargeable period a return in the prescribed form.<\/p>\n<p>(2)The prescribed form referred to in subsection (1) may include such matters in relation to gift tax and inheritance tax as may be required by that form.<\/p>\n<p>(3)Where under this Chapter a person delivers a return to the Collector-General, the person shall be deemed to have been required by a notice under section 877 to deliver a statement containing the matters and particulars contained in the return or to have been required by a notice under section 879, 880 or 884 to deliver the return, as the case may be.<\/p>\n<p>(4)A chargeable person shall prepare and deliver to the Collector-General, a return for a chargeable period as required by this Chapter notwithstanding that the chargeable person has not received a notice to prepare and deliver a statement or return for that period under section 877, 879, 880 or 884, as the case may be.<\/p>\n<p>(5)Nothing in the specified provisions or in a notice given under any of those provisions shall operate so as to require a chargeable person to deliver a return for a chargeable period on a date earlier than the specified return date for the chargeable period.<\/p>\n<p>959J.<\/p>\n<h4>Requirements for returns for income tax and capital gains tax purposes.<\/h4>\n<p>In the case of a chargeable person who is chargeable to income tax or capital gains tax for a tax year, the return required by this Chapter shall include &#8211;<\/p>\n<p>(a)all such matters and particulars as would be required to be contained in a statement delivered pursuant to a notice given to the chargeable person under section 877, if the period specified in such notice were the tax year,<\/p>\n<p>(b)where the chargeable person is an individual who is chargeable to income tax or capital gains tax for a tax year, in addition to those matters and particulars referred to in paragraph (a), all such matters and particulars as would be required to be contained in a return for the tax year delivered pursuant to a notice given to the chargeable person under section 879, and<\/p>\n<p>(c)such further particulars, including particulars relating to the preceding tax year where the profits or gains of that preceding year are determined in accordance with section 65(3), as may be required by the prescribed form.<\/p>\n<p>959K.<\/p>\n<h4>Requirements for returns for corporation tax purposes.<\/h4>\n<p>In the case of a chargeable person who is chargeable to corporation tax for an accounting period, the return required by this Chapter shall include &#8211;<\/p>\n<p>(a)all such matters, information, accounts, statements, reports and further particulars in relation to the accounting period as would be required to be contained in a return delivered pursuant to a notice given to the chargeable person under section 884, and<\/p>\n<p>(b)such information, accounts, statements, reports and further particulars as may be required by the prescribed form.<\/p>\n<p>959L.<\/p>\n<h3>Delivery of return by person acting under authority.<\/h3>\n<p>(1)A return required by this Chapter may be prepared and delivered by the chargeable person or by another person acting under the chargeable person&#8217;s authority in that regard.<\/p>\n<p>(2)Where a return is prepared and delivered by that other person, the Acts shall apply as if it had been prepared and delivered by the chargeable person.<\/p>\n<p>(3)A return purporting to be prepared and delivered by or on behalf of any chargeable person shall for the purposes of the Acts be deemed to have been prepared and delivered by that person or by that person&#8217;s authority, as the case may be, unless the contrary is proved.<\/p>\n<p>959M.<\/p>\n<h4>Delivery of return by precedent partner.<\/h4>\n<p>The precedent partner of any partnership shall &#8211;<\/p>\n<p>(a)be deemed to be a chargeable person for the purposes of this Chapter, and<\/p>\n<p>(b)as respects any chargeable period, deliver to the Collector-General on or before the specified return date for that chargeable period the return which that partner would be required to deliver for that period under section 880, if notice under that section had been given to that partner before that specified date.<\/p>\n<p>959N.<\/p>\n<h4>Exclusion from obligation to deliver a return.<\/h4>\n<p>(1)A Revenue officer may exclude a person from the application of this Chapter by giving the person a notice in writing stating that the person is excluded from its application.<\/p>\n<p>(2)The notice shall have effect for such chargeable period or periods or until such chargeable period or until the happening of such event as is specified in the notice.<\/p>\n<p>(3)Where a person who has been given a notice under this section is chargeable to capital gains tax for any chargeable period, this section shall not operate so as to remove the person&#8217;s obligation under this Chapter to make a return of the person&#8217;s chargeable gains for that chargeable period.<\/p>\n<p>959O.<\/p>\n<h4>Failure to deliver a return.<\/h4>\n<p>(1)Any provision of the Acts relating to the taking of any action on the failure of a person to deliver a statement or return pursuant to a notice given under any of the sections referred to in section 959I(3) shall apply to a chargeable person in a case where such a notice has not been given as if the chargeable person had been given a notice on the specified return date for the chargeable period under such one or more of those sections as is appropriate to the provision in question.<\/p>\n<p>(2)A certificate signed by a Revenue officer which certifies that he or she has examined the relevant records and that it appears from those records &#8211;<\/p>\n<p>(a)that as respects a chargeable period a named person is a chargeable person, and<\/p>\n<p>(b)that on or before the specified return date for the chargeable period a return in the prescribed form was not received from that chargeable person,<\/p>\n<p>shall be evidence until the contrary is proved that the person so named is a chargeable person as respects that chargeable period and that that person did not on or before the specified return date deliver that return.<\/p>\n<p>(3)A certificate certifying as provided by subsection (2) and purporting to be signed by a Revenue officer may be tendered in evidence without proof and shall be deemed until the contrary is proved to have been signed by such officer.<\/p>\n<p>(4)Sections 1052 and 1054 shall apply to a failure by a chargeable person to deliver a return in accordance with this Chapter as they apply to a failure to deliver a return referred to in section 1052.<\/p>\n<p>959P.<\/p>\n<h4>Expression of doubt.<\/h4>\n<p>(1)In this section &#8211;<\/p>\n<p>&#8216;law&#8217; means one or more provisions of the Acts;<\/p>\n<p>&#8216;letter of expression of doubt&#8217;, in relation to a matter, means a communication by written or electronic means, as appropriate, which &#8211;<\/p>\n<p>(a)sets out full details of the facts and circumstances of the matter,<\/p>\n<p>(b)specifies the doubt, the basis for the doubt and the law giving rise to the doubt,<\/p>\n<p>(c)identifies the amount of tax in doubt in respect of the chargeable period to which the expression of doubt relates,<\/p>\n<p>(d)lists or identifies the supporting documentation that is being submitted to the appropriate inspector in relation to the matter, and<\/p>\n<p>(e)is clearly identified as a letter of expression of doubt for the purposes of this section,<\/p>\n<p>and reference to &#8216;an expression of doubt&#8217; shall be construed accordingly.<\/p>\n<p>(2)Where a chargeable person is in doubt as to the correct application of the law to any matter to be contained in a return required for a chargeable period by this Chapter, which could &#8211;<\/p>\n<p>(a)give rise to a liability to tax by that person, or<\/p>\n<p>(b)affect that person&#8217;s liability to tax or entitlement to an allowance, deduction, relief or tax credit,<\/p>\n<p>then, the chargeable person may &#8211;<\/p>\n<p>(i)prepare the return for the chargeable period to the best of that person&#8217;s belief as to the correct application of the law to the matter, and deliver the return to the Collector-General,<\/p>\n<p>(ii)include a letter of expression of doubt with the return, and<\/p>\n<p>(iii)submit supporting documentation to the appropriate inspector in relation to the matter.<\/p>\n<p>(3)This section applies only if &#8211;<\/p>\n<p>(a)the return referred to in subsection (2) is delivered to the Collector-General, and<\/p>\n<p>(b)the documentation referred to in paragraph (iii) of that subsection is delivered to the appropriate inspector,<\/p>\n<p>on or before the specified return date for the chargeable period involved.<\/p>\n<p>(3A)<\/p>\n<p>(a)The documentation referred to in subsection (3)(b) shall be delivered by electronic means where the return referred to in subsection (2) is delivered by electronic means.<\/p>\n<p>(b)The electronic means by which the documentation referred to in subsection (3)(b) shall be delivered shall be such electronic means as may be specified by the Revenue Commissioners for that purpose.<\/p>\n<p>(4)Where a return is delivered in accordance with subsection (2), a self assessment shall, where required under section 959R, be included in the return by reference to the particulars included in the return.<\/p>\n<p>(5)Subject to subsection (6), where a letter of expression of doubt is included with a return delivered by a chargeable person to the Collector-General for a chargeable period &#8211;<\/p>\n<p>(a)that person shall be treated as making a full and true disclosure with regard to the matter involved, and<\/p>\n<p>(b)any additional tax arising from the amendment of an assessment for the chargeable period by a Revenue officer to give effect to the correct application of the law to that matter shall be due and payable in accordance with section 959AU(2).<\/p>\n<p>(6)Subsection (5) does not apply where a Revenue officer does not accept as genuine an expression of doubt in respect of the application of the law to a matter, and an expression of doubt shall not be accepted as genuine in particular where &#8211;<\/p>\n<p>(a)[deleted]<\/p>\n<p>(b)the officer is of the opinion, having regard to any guidelines published by the Revenue Commissioners on the application of the law in similar circumstances and to any relevant supporting documentation delivered to the appropriate inspector in relation to the matter in accordance with subsections (2) and (3), that the matter is sufficiently free from doubt as not to warrant an expression of doubt, or<\/p>\n<p>(c)the officer is of the opinion that the chargeable person was acting with a view to the evasion or avoidance of tax.<\/p>\n<p>(7)Where a Revenue officer does not accept an expression of doubt as genuine, he or she shall notify the chargeable person accordingly and any additional tax arising from the amendment of an assessment for the chargeable period by a Revenue officer to give effect to the correct application of the law to the matter involved shall be due and payable in accordance with section 959AU(1).<\/p>\n<p>(8)A person aggrieved by a Revenue officer&#8217;s decision that the person&#8217;s expression of doubt is not genuine may appeal the decision to the Appeal Commissioners, in accordance with section 949I, within the period of 30 days after the date of the notice of that decision.<\/p>\n<p>959Q.<\/p>\n<h4>Miscellaneous (Chapter 3).<\/h4>\n<p>(1)<\/p>\n<p>(a)This Chapter does not affect the giving of a notice under any of the specified provisions and does not remove from any person any obligation or requirement imposed on the person by such a notice.<\/p>\n<p>(b)The giving of a notice under any of the specified provisions to a person does not remove from that person any obligation to prepare and deliver a return under this Chapter.<\/p>\n<p>(c)The giving by a chargeable person of a notice pursuant to section 876 does not remove from the person an obligation to prepare and deliver a return under this Chapter.<\/p>\n<p>(2)<\/p>\n<p>(a)The Collector-General may designate an address for the delivery of returns which in accordance with this Chapter are required to be delivered to the Collector-General.<\/p>\n<p>(b)Where the Collector-General designates an address under paragraph (a), that address shall be published in Iris Oifigi\u00fail as soon as is practicable after such designation.<\/p>\n<p>Chapter 4<\/p>\n<h4>Chargeable Persons: Self Assessments (ss. 959R-959X)<\/h4>\n<p>959R.<\/p>\n<h4>Inclusion of self assessment in return.<\/h4>\n<p>(1)Subject to sections 959S and 959T, every return prepared and delivered under Chapter 3 in respect of a chargeable period shall include a self assessment by the chargeable person to whom the return relates.<\/p>\n<p>(2)A self assessment shall be made in, and as part of, the return and shall include such details as the Revenue Commissioners may require.<\/p>\n<p>(3)The details referred to in subsection (2) shall include an assessment by the chargeable person, in accordance with the Acts, for the chargeable period involved of &#8211;<\/p>\n<p>(a)the amount of the income, profits or gains or, as the case may be, chargeable gains arising to the person for the period,<\/p>\n<p>(b)the amount of tax chargeable on the person for the period,<\/p>\n<p>(c)the amount of tax payable by the person for the period, and<\/p>\n<p>(d)the balance of tax, taking account of any amount of tax paid directly by the person to the Collector-General for the period, which under the Acts &#8211;<\/p>\n<p>(i)is due and payable by the person to the Revenue Commissioners for the period, or<\/p>\n<p>(ii)is overpaid by the person for the period and which, subject to the Acts, is available for offset or repayment by the Revenue Commissioners.<\/p>\n<p>(4)<\/p>\n<p>(a)Where a self assessment relates to tax chargeable on a person under more than one of the Acts, the self assessment shall identify the amount of tax chargeable under each of the Acts.<\/p>\n<p>(b)Where by virtue of an enactment other than the Acts, an amount due under that enactment is to be assessed and charged as if it were an amount of income tax, the self assessment shall include such amount and shall identify the amount so chargeable by virtue of that enactment.<\/p>\n<p>(c)A self assessment shall include and identify the amount of any surcharge which, under section 1084, is required to be included in the assessment for the chargeable period.<\/p>\n<p>(5)Subject to subsection (6), where the obligation to make a return for a chargeable period is treated as fulfilled under Chapter 6 of Part 38 and the chargeable person &#8211;<\/p>\n<p>(a)includes a self assessment in the return in accordance with such indicative tax calculation as may be provided by the electronic system that is made available by the Revenue Commissioners for the purposes of that Chapter, and<\/p>\n<p>(b)pays tax in accordance with that calculation,<\/p>\n<p>then, in the event that the indicative tax calculation is incorrect &#8211;<\/p>\n<p>(i)any additional tax due for the chargeable period that arises by reason of the indicative tax being incorrect shall be deemed to be due and payable not later than one month from the date of amendment of the self assessment, and<\/p>\n<p>(ii)Part 47 does not apply to the extent that the return included a self assessment that was in accordance with the indicative tax calculation.<\/p>\n<p>(6)Subsection (5) applies where the chargeable person retains either an electronic or printed record of the indicative tax calculation and, on request from a Revenue officer, submits a copy of that record, and the various elements of the calculation are in accordance with the information, statements and particulars provided in the return.<\/p>\n<p>959S.<\/p>\n<h4>Option for self assessment to be made by Revenue.<\/h4>\n<p>(1)An individual who is chargeable to income tax or capital gains tax for a tax year shall not be required to comply with section 959R where a return, which is delivered by means other than electronic means, is delivered on or before 31 August in the tax year following the tax year to which the return relates.<\/p>\n<p>(2)Where subsection (1) applies, a Revenue officer shall make the self assessment on behalf of the chargeable person in accordance with section 959U.<\/p>\n<p>(3)This section shall not apply to an individual who is, by virtue of section 917EA, a specified person who is required to deliver the return concerned by electronic means.<\/p>\n<p>(4)Where the chargeable person is assessed to tax under section 1023 or 1031H, and his or her spouse or civil partner, as the case may be, is also a chargeable person, then, in relation to the return concerned, no self assessment shall be made under subsection (2) until such time as the spouse or civil partner, as the case may be, has delivered his or her return for the year of assessment.<\/p>\n<p>959T.<\/p>\n<h4>Self assessment by person acting under authority.<\/h4>\n<p>Where a return is prepared and delivered in accordance with section 959L by another person acting under the chargeable person&#8217;s authority &#8211;<\/p>\n<p>(a)the self assessment required under section 959R shall be made by that other person, and<\/p>\n<p>(b)where the self assessment is so made by that other person &#8211;<\/p>\n<p>(i)the Acts apply as if it had been made by the chargeable person, and<\/p>\n<p>(ii)a self assessment purporting to have been made by or on behalf of any chargeable person shall for the purposes of the Acts be deemed to have been made by that person or by that person&#8217;s authority, as the case may be, unless the contrary is proved.<\/p>\n<p>959U.<\/p>\n<h4>Self assessment by Revenue officer in relation to chargeable person.<\/h4>\n<p>(1)Where a chargeable person, or a person to whom section 959T applies, delivers a return but does not include a self assessment in the return, a Revenue officer, subject to section 959AA(1) &#8211;<\/p>\n<p>(a)shall, where section 959S applies, and<\/p>\n<p>(b)may, in any other case,<\/p>\n<p>make the self assessment in relation to the chargeable person.<\/p>\n<p>(2)Where a self assessment is made under this section, a Revenue officer shall give notice of the assessment in accordance with section 959E.<\/p>\n<p>(3)Any self assessment made by a Revenue officer under this section shall be deemed to be a self assessment made by the chargeable person and references in the Acts to the self assessment of a chargeable person shall be treated as including a self assessment made under this section.<\/p>\n<p>959V.<\/p>\n<h4>Amendment by chargeable person of return and of self assessment in return.<\/h4>\n<p>(1)Subject to the provisions of this section, a chargeable person may, by notice to the Revenue Commissioners, amend the return delivered by that person for a chargeable period.<\/p>\n<p>(2)Where a return is amended in accordance with subsection (1), the chargeable person shall as part of that notice amend the self assessment for the chargeable period at the same time.<\/p>\n<p>(2A)A return and self assessment may be amended under this section only where such an amendment &#8211;<\/p>\n<p>(a)arises from an allowance, credit, deduction or relief due under the Acts,<\/p>\n<p>(b)is necessary to correct either an error or a mistake, or<\/p>\n<p>(c)is necessary to comply with any other provision of the Acts,<\/p>\n<p>and notice of an amendment under this section shall specify which of paragraphs (a), (b) and (c) applies.<\/p>\n<p>(3)Subject to subsection (4), notice under this section shall be given in writing to a Revenue officer in the Revenue office dealing with the tax affairs of the chargeable person.<\/p>\n<p>(4)<\/p>\n<p>(a)Notice under this section in relation to the amendment of a return and a self assessment shall be given by electronic means where the return was delivered by electronic means.<\/p>\n<p>(b)The electronic means by which notice under this section shall be given shall be such electronic means as may be specified by the Revenue Commissioners for that purpose.<\/p>\n<p>(c)This subsection shall not apply to an amendment to a return or self assessment in so far as it relates to capital gains tax.<\/p>\n<p>(5)Where another person, as referred to in section 959L, is acting under the chargeable person&#8217;s authority &#8211;<\/p>\n<p>(a)notice under subsections (1) and (2) may be given by that other person, and<\/p>\n<p>(b)where notice is so given by that other person &#8211;<\/p>\n<p>(i)the Acts apply as if the return and the self assessment had been amended by the chargeable person, and<\/p>\n<p>(ii)a return and a self assessment purporting to have been amended by or on behalf of any chargeable person shall for the purposes of the Acts be deemed to have been amended by that person or by that person&#8217;s authority, as the case may be, unless the contrary is proved.<\/p>\n<p>(6)<\/p>\n<p>(a)Subject to paragraph (b) and subsection (7), notice under this section in relation to a return and a self assessment may only be given within a period of 4 years after the end of the chargeable period to which the return relates.<\/p>\n<p>(b)Where a provision of the Acts provides that a claim for an exemption, allowance, credit, deduction, repayment or any other relief from tax is required to be made within a period shorter than the period of 4 years referred to in paragraph (a), then notice of an amendment under this section shall not be given after the end of that shorter period where the amendment relates to either the making or adjustment of a claim for such exemption, allowance, credit, deduction, repayment or other relief.<\/p>\n<p>(7)Notice under this section shall not be given in relation to a return and a self assessment after a Revenue officer has started to make enquiries under section 959Z in relation to the return or self assessment or after he or she has commenced an audit or other investigation which relates to the tax affairs of the person to whom the return or self assessment relates for the chargeable period involved.<\/p>\n<p>(8)This section is without prejudice to the operation of section 1077E or 1077F, as appropriate.<\/p>\n<p>959W.<\/p>\n<h4>Making of self assessment in accordance with return.<\/h4>\n<p>(1)A self assessment made by a chargeable person under section 959R shall be made by reference to the particulars contained in the chargeable person&#8217;s return for the chargeable period involved.<\/p>\n<p>(2)A self assessment amended by a chargeable person under section 959V shall be amended by reference to the particulars contained in the chargeable person&#8217;s return, as amended by notice under that section, for the chargeable period involved.<\/p>\n<p>(3)A self assessment made by a Revenue officer in relation to a chargeable person under section 959U shall be made by reference to the particulars contained in the chargeable person&#8217;s return for the chargeable period involved.<\/p>\n<p>(4)Nothing in this Chapter prevents a Revenue officer from making a Revenue assessment on a chargeable person under Chapter 5 and where a Revenue officer makes an assessment under that Chapter any self assessment previously made under this Chapter shall, for the purposes of determining the chargeable person&#8217;s liability to tax for the chargeable period, be treated as if it had not been made and shall be void for such purposes.<\/p>\n<p>(5)Nothing in this Chapter prevents a Revenue officer from amending, under Chapter 5, a self assessment previously made under this Chapter.<\/p>\n<p>959X.<\/p>\n<h4>Penalty for failure to make or amend self assessment.<\/h4>\n<p>(1)A person who is required under this Chapter to make a self assessment in a return prepared and delivered under Chapter 3 for a chargeable period and who does not make the self assessment in the return shall be liable to a penalty of \u20ac250.<\/p>\n<p>(2)A person who is required under this Chapter to amend a self assessment in a return amended by notice under section 959V for a chargeable period and who does not amend the self assessment in the return shall be liable to a penalty of \u20ac100.<\/p>\n<p>Chapter 5<\/p>\n<h4>Revenue Assessments and Enquiries and Related Time Limits (ss. 959Y-959AE)<\/h4>\n<p>959Y.<\/p>\n<h4>Chargeable persons and other persons: assessment made or amended by Revenue officer.<\/h4>\n<p>(1)Subject to the provisions of this Chapter, a Revenue officer may at any time &#8211;<\/p>\n<p>(a)make a Revenue assessment on a person for a chargeable period in such amount as, according to the officer&#8217;s best judgment, ought to be charged on the person,<\/p>\n<p>(b)amend a Revenue assessment on, or a self assessment in relation to, a person for a chargeable period in such manner as he or she considers necessary, notwithstanding that &#8211;<\/p>\n<p>(i)tax may have been paid or repaid in respect of the assessment, or<\/p>\n<p>(ii)the assessment may have been amended on a previous occasion or on previous occasions.<\/p>\n<p>(2)For the purpose of making an assessment on or in relation to a chargeable person for a chargeable period or for the purpose of amending such an assessment, a Revenue officer &#8211;<\/p>\n<p>(a)may accept either in whole or in part any statement or other particular contained in a return delivered by the chargeable person for that chargeable period, and<\/p>\n<p>(b)may assess any amount of income, profits or gains or, as the case may be, chargeable gains, or allow any allowance, deduction, relief or tax credit by reference to such statement or particular.<\/p>\n<p>(3)The amendment of an assessment by a Revenue officer does not preclude that Revenue officer or any other Revenue officer from further amending the assessment in such manner as he or she considers necessary.<\/p>\n<p>(4)<\/p>\n<p>(a)Where any amount of income, profits or gains or, as the case may be, chargeable gains is omitted from, or not properly reflected in, an assessment for a chargeable period or the tax stated in an assessment is less than the tax payable by the chargeable person for the chargeable period, then a Revenue officer may make such amendments to the assessment as are necessary to ensure that the assessment includes the correct amount or to ensure that the tax stated in the assessment is equal to the tax payable by the chargeable person for the chargeable period.<\/p>\n<p>(b)For the purposes of paragraph (a), the amendment of an assessment by a Revenue officer may include the addition of an amount of income, profits or gains or, as the case may be, chargeable gains that is not reflected in the assessment.<\/p>\n<p>959Z.<\/p>\n<h4>Right of Revenue officer to make enquiries.<\/h4>\n<p>(1)A Revenue officer may, subject to this section, make such enquiries or take such actions within his or her powers as he or she considers necessary to satisfy himself or herself as to &#8211;<\/p>\n<p>(a)whether a person is chargeable to tax for a chargeable period,<\/p>\n<p>(b)whether a person is a chargeable person as respects a chargeable period,<\/p>\n<p>(c)the amount of income, profit or gains or, as the case may be, chargeable gains in relation to which a person is chargeable to tax for a chargeable period, or<\/p>\n<p>(d)the entitlement of a person to any allowance, deduction, relief or tax credit for a chargeable period.<\/p>\n<p>(2)The making of an assessment or the amendment of an assessment in accordance with subsection (2) of section 959Y by reference to any statement or particular referred to in paragraph (a) of that subsection does not preclude a Revenue officer from, subject to this section, making such enquiries or taking such actions within his or her powers as he or she considers necessary to satisfy himself or herself as to the accuracy or otherwise of that statement or particular.<\/p>\n<p>(3)Subject to subsection (4), any enquiries or actions to which either subsection (1) or (2) applies shall not be made in the case of a chargeable person for a chargeable period at any time after the expiry of the period of 4 years commencing at the end of the chargeable period in which the chargeable person has delivered a return for the chargeable period.<\/p>\n<p>(4)Enquiries and actions to which either subsection (1) or (2) applies may be made at any time in relation to a person or a return for a chargeable period where &#8211;<\/p>\n<p>(a)any of the circumstances referred to in paragraph (a), (b) or (c) of section 959AC(2) apply, or<\/p>\n<p>(b)a Revenue officer has reasonable grounds for believing, in accordance with section 959AD(3), that any form of fraud or neglect has been committed by or on behalf of the person in connection with or in relation to tax due for the chargeable period.<\/p>\n<p>(5)[deleted]<\/p>\n<p>(6)[deleted]<\/p>\n<p>(7)[deleted]<\/p>\n<p>(8)[deleted]<\/p>\n<p>(9)Nothing in this section affects the operation of section 811, 811A, 811C or 811D.<\/p>\n<p>959AA.<\/p>\n<h4>Chargeable persons: time limit on assessment made or amended by Revenue officer.<\/h4>\n<p>(1)Where a chargeable person has delivered a return for a chargeable period and has made in the return a full and true disclosure of all material facts necessary for the making of an assessment for the chargeable period &#8211;<\/p>\n<p>(a)an assessment for that period, or<\/p>\n<p>(b)an amendment of an assessment for that period,<\/p>\n<p>shall not be made by a Revenue officer on the chargeable person after the end of 4 years commencing at the end of the chargeable period in which the return is delivered and &#8211;<\/p>\n<p>(i)no additional tax shall be payable by the chargeable person after the end of that period of 4 years, and<\/p>\n<p>(ii)no tax shall be repaid after the end of a period of 4 years commencing at the end of the chargeable period for which the return is delivered,<\/p>\n<p>by reason of any matter contained in the return.<\/p>\n<p>(2)Nothing in this section prevents a Revenue officer from, at any time, amending an assessment for a chargeable period &#8211;<\/p>\n<p>(a)where the return for the period does not contain a full and true disclosure of all material facts necessary for the making of an assessment for that period,<\/p>\n<p>(b)to give effect to &#8211;<\/p>\n<p>(i)a determination of an appeal against an assessment,<\/p>\n<p>(ii)a determination of an appeal, other than one made against an assessment, that affects the amount of tax charged by the assessment, or<\/p>\n<p>(iii)an agreement within the meaning of section 949V.<\/p>\n<p>(c)to take account of any fact or matter arising by reason of an event occurring after the return is delivered,<\/p>\n<p>(d)to correct an error in calculation in the assessment, or<\/p>\n<p>(e)to correct a mistake of fact whereby any matter in the assessment does not properly reflect the facts disclosed by the chargeable person,<\/p>\n<p>and tax shall be paid or repaid (notwithstanding any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made) where appropriate in accordance with any such amendment.<\/p>\n<p>(2A)Notwithstanding subsection (1), section 959AB(1) and any limitation in the Acts on the time within which a claim for relief from tax is required to be made, a Revenue officer may, at any time, make or amend an assessment for a chargeable period to give effect to a mutual agreement reached, under an arrangement having the force of law by virtue of section 826(1), between the competent authority of the State and a competent authority of another jurisdiction and tax shall be paid or repaid (notwithstanding any limitation in section 865(4) on the time within which a claim for repayment of tax is required to be made) where appropriate in accordance with any such assessment or amended assessment.<\/p>\n<p>(3)Nothing in this section affects the operation of section 804(3), 811, 811A, 811C, 811D or 1048.<\/p>\n<p>959AB.<\/p>\n<h4>Persons other than chargeable persons: time limit on Revenue assessment and amended assessment.<\/h4>\n<p>(1)Subject to the other provisions of this section, a Revenue assessment on a person other than a chargeable person may be made or amended by a Revenue officer at any time not later than 4 years after the end of the chargeable period to which the assessment relates.<\/p>\n<p>(2)In a case in which emoluments to which subsection (3) applies are received in a year of assessment subsequent to that for which they are assessable, a Revenue assessment on a person other than a chargeable person may be made or amended by a Revenue officer for the year of assessment for which the emoluments are assessable at any time not later than 4 years after the end of the year of assessment in which the emoluments were received.<\/p>\n<p>(3)The emoluments to which this subsection applies are &#8211;<\/p>\n<p>(a)emoluments within the meaning of section 112(2), including any payments chargeable to tax by virtue of section 123 and any sums which by virtue of Chapter 3 of Part 5 are to be treated as perquisites of a person\u2019s office or employment, being emoluments, payments or sums other than those taken into account in an and assessment to income tax for the year of assessment in which they are received and, for the purposes of subsection (2) &#8211;<\/p>\n<p>(i)any such payment shall, notwithstanding anything in section 123(4), be treated as having been received at the time it was actually received, and<\/p>\n<p>(ii)any such sums which are not actually paid to that person shall be treated as having been received at the time when the relevant expenses were incurred or are treated for the purposes of Chapter 3 of Part 5 as having been incurred,<\/p>\n<p>and<\/p>\n<p>(b)a gain realised by the exercise of, or by the assignment or release of, a right on or after 1 January 2024 which is chargeable to tax by virtue of section 128.<\/p>\n<p>(4)Nothing in this section affects the operation of section 811, 811A, 811C or 811D.<\/p>\n<p>959AC.<\/p>\n<h4>Chargeable persons: Revenue assessment and amendment of assessments in absence of return, etc.<\/h4>\n<p>(1)In this section &#8216;information&#8217; includes information received from a member of the Garda S\u00edoch\u00e1na.<\/p>\n<p>(2)Notwithstanding section 959AA, where in relation to a chargeable person &#8211;<\/p>\n<p>(a)the person fails to deliver a return for a chargeable period,<\/p>\n<p>(b)a Revenue officer is not satisfied with the sufficiency of a return delivered by the person having regard to any information received in that regard, or<\/p>\n<p>(c)a Revenue officer has reasonable grounds for believing that a return delivered by the person does not contain a full and true disclosure of all material facts necessary for the making of an assessment for the chargeable period,<\/p>\n<p>then a Revenue officer may, at any time, make a Revenue assessment on the chargeable person for the chargeable period in such sum as, according to the best of the officer&#8217;s judgment, ought to be charged on that person.<\/p>\n<p>(3)Where a Revenue officer makes a Revenue assessment on a chargeable person under this section in the event of the failure of the person to deliver a return, it shall not be necessary to set out in the notice of assessment any particulars other than the amount of tax payable by the person for the chargeable period on the basis of that assessment.<\/p>\n<p>(4)In any of the circumstances referred to in subsection (2), a Revenue officer may, at any time, amend a Revenue assessment on, or a self assessment in relation to, a chargeable person for the chargeable period involved in such manner as the officer considers necessary.<\/p>\n<p>959AD.<\/p>\n<h4>Chargeable persons and other persons: Revenue assessment and amendment of assessments where there is fraud or neglect.<\/h4>\n<p>(1)In this section &#8216;neglect&#8217; means negligence or a failure to give any notice, to make any return, statement or declaration, or to produce or furnish any list, document or other information required by or under the Acts.<\/p>\n<p>(2)For the purposes of subsection (1), a person shall be deemed not to have failed to do anything required to be done within a limited time if the person did it within such further time, if any, as the Revenue Commissioners or Revenue officer concerned may have allowed and, where a person had a reasonable excuse for not doing anything required to be done, the person shall be deemed not to have failed to do it if the person did it without unreasonable delay after the excuse had ceased.<\/p>\n<p>(3)Notwithstanding sections 959AA and 959AB, where a Revenue officer has reasonable grounds for believing that any form of fraud or neglect has been committed by or on behalf of a person in connection with or in relation to tax due for a chargeable period, a Revenue officer may, at any time, make a Revenue assessment on that person for the chargeable period.<\/p>\n<p>(4)An assessment to which this section applies shall be made by a Revenue officer in such sum as, according to the best of the officer&#8217;s judgment, ought to be charged on the person involved.<\/p>\n<p>(5)In the circumstances referred to in subsection (3), a Revenue officer may, at any time, amend a Revenue assessment on, or a self assessment in relation to, a person for a chargeable period in such manner as the officer considers necessary.<\/p>\n<p>959AE. Other Revenue assessments and miscellaneous matters.<br \/>\n(1)Nothing in this Chapter prevents an inspector or other Revenue officer from making an assessment in accordance with &#8211;<\/p>\n<p>(a)section 960Q,<\/p>\n<p>(b)section 977(3) or subsection (2) or (3) of section 978, as appropriate, and, notwithstanding Chapter 7, tax specified in such an assessment shall be due and payable in accordance with section 979,<\/p>\n<p>(c)subsection (5A) or (6), as appropriate, of section 980 and, notwithstanding Chapter 7, tax specified in such an assessment shall be due and payable in accordance with that section 980, or<\/p>\n<p>(d)section 1042 and, notwithstanding Chapter 7, tax specified in such an assessment shall be due and payable in accordance with that section.<\/p>\n<p>(2)Subject to subsection (1), an assessment under this Chapter shall not be made on a chargeable person for a chargeable period at any time before the specified return date for the chargeable period unless at that time the chargeable person has delivered a return for the chargeable period.<\/p>\n<p>(3)Nothing in this Chapter affects the right of an inspector or other Revenue officer to make or amend an assessment where a provision of the Acts (other than this Chapter) includes either a right to assess or charge a person to tax or a right to make or amend an assessment on a person.<\/p>\n<p>(4)An assessment which is otherwise final and conclusive shall not for any purpose of the Acts be regarded as not final and conclusive or as ceasing to be final and conclusive by reason only of the fact that a Revenue officer has amended or may amend the assessment.<\/p>\n<p>(5)After an assessment has been made, it shall not be amended unless such amendment is authorised by the Acts.<\/p>\n<p>Chapter 6<\/p>\n<p>Appeals (ss. 959AF-959AL)<\/p>\n<p>959AF.<\/p>\n<h4>Appeals in relation to assessments.<\/h4>\n<p>(1)Subject to subsection (1A), a person aggrieved by an assessment or an amended assessment, as the case may be, made on that person may appeal the assessment or the amended assessment to the Appeal Commissioners, in accordance with section 949I, within the period of 30 days after the date of the notice of assessment.<\/p>\n<p>(1A)No appeal lies against an assessment or an amended assessment where the sole matter on which the person, on whom the assessment or amended assessment, as the case may be, was made, is aggrieved relates to a surcharge imposed under section 1084(2), other than where that person&#8217;s ground for the appeal relates to &#8211;<\/p>\n<p>(a)a matter referred to in section 1084(1)(b),<\/p>\n<p>(b)the date on which the return of income for a chargeable period was delivered, or<\/p>\n<p>(c)the compliance by that person, on or before the specified return date for the chargeable period, with a requirement &#8211;<\/p>\n<p>(i)to prepare and deliver a return under Part 7 of the Finance (Local Property Tax) Act 2012, or<\/p>\n<p>(ii)to pay any local property tax payable under that Act.<\/p>\n<p>(2)Where a person is aggrieved by the making of an assessment or the amendment of an assessment (being an assessment made on that person) on the grounds that the person considers that the person who made the assessment or who amended the assessment was precluded from so doing &#8211;<\/p>\n<p>(a)in the case of a chargeable person, by reason of section 959AA, 959AC or 959AD, or<\/p>\n<p>(b)in the case of a person other than a chargeable person, by reason of section 959AB or 959AD,<\/p>\n<p>those grounds may be stated in the notice of appeal for the purpose of section 949I(2)(d).<\/p>\n<p>(3)Subject to section 959AW, in default of an appeal, in accordance with section 949I, being made by a person to whom a notice of assessment has been given, the assessment made on the person shall be final and conclusive.<\/p>\n<p>(4)Notwithstanding section 129(4) of the Finance Act 2012, subsection (1) shall apply to an assessment or an amended assessment, as the case may be, made on a person for a chargeable period, that is an accounting period of a company, that starts before 1 January 2013 or for any year of assessment preceding 2013.<\/p>\n<p>959AG.<\/p>\n<h4>Chargeable persons: no appeal against self assessment.<\/h4>\n<p>No appeal may be made against &#8211;<\/p>\n<p>(a)a self assessment made under section 959R, section 959T or section 959U,<\/p>\n<p>(b)a self assessment amended under section 959V,<\/p>\n<p>(c)the amount of any income, profits or gains or, as the case may be, chargeable gains, or the amount of any allowance, deduction, relief or tax credit specified in such an assessment.<\/p>\n<p>959AH.<\/p>\n<h4>Chargeable persons: requirement to submit return and pay tax.<\/h4>\n<p>(1)Where a Revenue officer makes a Revenue assessment, no appeal lies against the assessment until such time as &#8211;<\/p>\n<p>(a)where the assessment was made in default of the delivery of a return, the chargeable person delivers the return, and<\/p>\n<p>(b)in all cases, the chargeable person pays or has paid an amount of tax on foot of the assessment which is not less than the tax which &#8211;<\/p>\n<p>(i)is payable by reference to any self assessment included in the chargeable person&#8217;s return, or<\/p>\n<p>(ii)where no self assessment is included, would be payable on foot of a self assessment if the assessment were made in all respects by reference to the statements and particulars contained in the return delivered by the chargeable person.<\/p>\n<p>(2)[deleted]<\/p>\n<p>(3)References in subsection (1) to an amount of tax shall be construed as including any amount of interest which would be due and payable under section 1080 on that tax at the date of payment of the tax, together with any costs incurred or other amounts which may be charged or levied in pursuing the collection of the tax contained in the assessment or the assessment as amended, as the case may be.<\/p>\n<p>(4)The requirements of this section apply in relation to an assessment as amended by a Revenue officer as they apply to a Revenue assessment made by a Revenue officer.<\/p>\n<p>959AI.<\/p>\n<h4>Chargeable persons and other persons: no appeal against agreed amounts.<\/h4>\n<p>No appeal may be made against the amount of any income, profits or gains or, as the case may be, chargeable gains, or the amount of any allowance, deduction, relief or tax credit specified in an assessment or an amended assessment made on a person for a chargeable period where either &#8211;<\/p>\n<p>(a)a Revenue officer has determined the amount by accepting without alteration of and without departing from the statement or statements, or the particular or particulars with regard to income, profits or gains or, as the case may be, chargeable gains, or allowances, deductions, reliefs or tax credits specified in the return delivered by the person for the chargeable period, or<\/p>\n<p>(b)the amount has been agreed between the Revenue officer and the person, or any person authorised by the person in that behalf, before the making of the assessment or the amendment of the assessment, as the case may be.<\/p>\n<p>959AJ.<\/p>\n<h4>Appeals against time limits for making enquiries and taking actions.<\/h4>\n<p>(1)This subsection applies where &#8211;<\/p>\n<p>(a)a chargeable person is aggrieved by an enquiry made or an action taken by a Revenue officer under section 959Z for a chargeable period, after the expiry of the period referred to in subsection (3) of that section in respect of the chargeable period, on the grounds that the chargeable person considers that the Revenue officer is precluded from making the enquiry or taking the action by reason of that subsection, and<\/p>\n<p>(b)an assessment has not been made or amended, as the case may be, in respect of the chargeable period on foot of the officer&#8217;s enquiry or action.<\/p>\n<p>(2)Where subsection (1) applies, the chargeable person may appeal to the Appeal Commissioners, in accordance with section 949I, within the period of 30 days after the date on which the officer makes that enquiry or takes that action.<\/p>\n<p>(3)Where paragraph (a) of subsection (1) applies and an assessment has been made or amended, as the case may be, for the chargeable period referred to in that subsection on foot of a Revenue officer&#8217;s enquiry or action, a chargeable person may appeal to the Appeal Commissioners under and in accordance with section 959AF(1).<\/p>\n<p>(4)Where a chargeable person appeals to the Appeal Commissioners under subsection (2) &#8211;<\/p>\n<p>(a)any requirement that there be taken, by the chargeable person (pursuant to the officer&#8217;s enquiry or action) any action, shall be suspended, and<\/p>\n<p>(b)no further action proposed to be taken by a Revenue officer (pursuant to the officer&#8217;s enquiry or action) shall be taken,<\/p>\n<p>pending the determination of the Appeal Commissioners on that officer&#8217;s right to make the enquiry or take the action.<\/p>\n<p>(5)Where, as a result of an appeal to the Appeal Commissioners under subsection (2), the Appeal Commissioners determine that a Revenue officer &#8211;<\/p>\n<p>(a)was precluded from making the enquiry or taking the action by reason of section 959Z(3), the chargeable person shall not be required to take any action pursuant to the officer&#8217;s enquiry or action and the officer shall be prohibited from pursuing his or her enquiry or action, or<\/p>\n<p>(b)was not precluded from making the enquiry or taking the action by reason of section 959Z(3), the officer may continue with his or her enquiry.<\/p>\n<p>959AK. Appeals against amended assessments and provisions concerning preliminary matters.<br \/>\n(1)Subject to the other provisions of this Chapter, where an assessment is amended (not being an amendment made by reason of the determination of an appeal), the person assessed may appeal against the assessment as so amended in all respects as if it were an assessment made on the date of the amendment and the notice of the assessment as so amended were a notice of the assessment, except that the person shall have no further right of appeal, in relation to matters other than additions to, deletions from, or alterations in the assessment, made by reason of the amendment, than the person would have had if the assessment had not been amended.<\/p>\n<p>(2)This subsection applies where a Revenue officer makes an assessment to give effect to a determination by the Appeal Commissioners of an appeal against a matter (in this section referred to as a &#8216;preliminary matter&#8217;), not being an appeal against an assessment.<\/p>\n<p>(3)Where subsection (2) applies, no further right of appeal shall lie against the preliminary matter by means of an appeal against the assessment.<\/p>\n<p>(4)Subsection (3) shall not operate to preclude an appeal against the assessment where the person in relation to whom the assessment was made has grounds for the appeal other than grounds that relate solely to the preliminary matter.<\/p>\n<p>(5)For the purposes of subsections (3) and (4), the reference in subsection (2) to a determination by the Appeal Commissioners shall be construed as including a reference to &#8211;<\/p>\n<p>(a)a determination of an appeal by a court, and<\/p>\n<p>(b)any of the means referred to in section 949G by which an appeal may be concluded.<\/p>\n<p>959AL.<\/p>\n<h4>Persons other than chargeable persons: other rules.<\/h4>\n<p>Subject to the other provisions of this Chapter, where an appeal is brought against an assessment by a person who is not a chargeable person then, pending the determination of the appeal &#8211;<\/p>\n<p>(a)an amount of tax shall be payable on the due date for the payment of tax under the assessment and shall be the amount which results when the appropriate tax credits (including personal tax credit where applicable) due to the person are allowed in calculating the tax charged in the assessment which does not relate to the amounts or matters with which the person assessed is aggrieved, and<\/p>\n<p>(b)that amount of tax shall for the purposes of sections 1080 and 1081 be deemed to be the tax due and payable under the assessment.<\/p>\n<p>Chapter 7<\/p>\n<h4>Chargeable Persons: Preliminary Tax and Dates for Payment of Tax (ss. 959AM-959AV)<\/h4>\n<p>959AM.<\/p>\n<h4>Interpretation and miscellaneous (Chapter 7).<\/h4>\n<p>(1)In this Chapter &#8211;<\/p>\n<p>&#8220;accounting period&#8221; means an accounting period of a company;<\/p>\n<p>&#8220;corresponding corporation tax for the preceding accounting period&#8221; in relation to an accounting period and a company, means an amount determined by the formula &#8211; where &#8211;<br \/>\nTis the corporation tax payable for the preceding accounting period<br \/>\nCis the number of days in the accounting period, and<br \/>\nPis the number of days in the preceding accounting period;<\/p>\n<p>&#8220;corresponding income tax for the preceding accounting period&#8221; in relation to an accounting period and a company, means an amount determined by the formula &#8211; where &#8211;<br \/>\nIis the income tax payable under section 239 or 241 for the preceding accounting period<br \/>\nCis the number of days in the accounting period, and<br \/>\nPis the number of days in the preceding accounting period;<\/p>\n<p>&#8220;final instalment&#8221; shall be construed in accordance with section 959AS(1);<\/p>\n<p>&#8220;final relevant instalment&#8221; shall be construed in accordance with section 959AS(5);<\/p>\n<p>&#8220;initial instalment&#8221; shall be construed in accordance with section 959AS(1);<\/p>\n<p>&#8220;initial relevant instalment&#8221; shall be construed in accordance with section 959AS(5);<\/p>\n<p>&#8220;pre-preceding tax year&#8221; in relation to income tax and a tax year, means the tax year next before the preceding tax year;<\/p>\n<p>&#8220;relevant accounting standards&#8221; has the same meaning as in Schedule 17A;<\/p>\n<p>&#8220;relevant company&#8221; means a company in respect of which profits or gains for the purposes of Case I or II of Schedule D are computed in accordance with relevant accounting standards, which are, or include, relevant accounting standards in relation to profits or gains or losses on financial assets or liabilities;<\/p>\n<p>&#8220;relevant limit&#8221; in relation to an accounting period, means, subject to subsection (3), \u20ac200,000;<\/p>\n<p>&#8220;small company&#8221; shall be construed in accordance with subsection (4);<\/p>\n<p>&#8220;tax payable for the initial period&#8221; in relation to capital gains tax and a tax year, means the tax that would be payable by the chargeable person if the tax year ended on 30 November in the year instead of 31 December in that year;<\/p>\n<p>&#8220;tax payable for the later period&#8221; in relation to capital gains tax and a tax year, means the tax payable by the chargeable person for the tax year less the tax payable for the initial period in relation to that year.<\/p>\n<p>(2)An accounting period is not a relevant accounting period where, but for this subsection, the final instalment of preliminary tax would, by reason of the dates on which the accounting period starts and ends, be due and payable in accordance with section 959AS(2) on or before the date on which the initial instalment would be due and payable in accordance with that section.<\/p>\n<p>(3A)Where, apart from this subsection, C or, as the case may be, P in the definitions in subsection (1) of &#8216;corresponding corporation tax for the preceding accounting period&#8217; and &#8216;corresponding income tax for the 25 preceding accounting period&#8217; would be 366 in the case where the accounting period concerned contains the date 29 February, then, in that case, C or, as the case may be, P in those definitions shall be deemed to be 365.<\/p>\n<p>(3)Where the length of an accounting period is less than 12 months, the relevant limit in relation to the accounting period shall be proportionately reduced.<\/p>\n<p>(4)A company is a small company in relation to an accounting period if the corresponding corporation tax for the preceding accounting period does not exceed the relevant limit in relation to the accounting period.<\/p>\n<p>(5)References in this Chapter to the due date for the payment of an amount of preliminary tax shall, in the case where that tax is due for an accounting period, other than a relevant accounting period, of a company, be construed in accordance with section 959AR(1).<\/p>\n<p>(6)References in this Chapter to the due date for the payment of the initial instalment, or the final instalment, of preliminary tax shall, in the case where that tax is due for a relevant accounting period, be construed in accordance with section 959AS(2).<\/p>\n<p>(7)The provisions of this Chapter apply as respects chargeable persons only.<\/p>\n<p>(8)The provisions of this Chapter as respects due dates for payment of tax apply subject to sections 579(4)(b) and 981.<\/p>\n<p>959AN.<\/p>\n<h4>Obligation to pay preliminary tax.<\/h4>\n<p>(1)Every person who is a chargeable person as respects any chargeable period is liable to pay to the Collector-General in accordance with this Chapter the amount of that person&#8217;s preliminary tax appropriate to that chargeable period.<\/p>\n<p>(2)The amount of a chargeable person&#8217;s preliminary tax appropriate to a chargeable period is the amount of tax which in the opinion of the chargeable person is likely to become payable by that person for the chargeable period by reason of either a self assessment under Chapter 4 or a Revenue assessment under Chapter 5.<\/p>\n<p>(2A)Reference in subsection (2) to the amount of tax which in the opinion of the chargeable person is likely to become payable shall be construed in accordance with the definition of &#8216;amount of tax payable&#8217; in section 959A.<\/p>\n<p>(3)Any amount of preliminary tax appropriate to a chargeable period which is paid by and not repaid to a chargeable person in any capacity shall, to the extent of the amount of that payment or the extent of the amount of that payment less any amount that has been repaid, be treated as a payment on account of the tax payable by the chargeable person for the chargeable period.<\/p>\n<p>(4)Where &#8211;<\/p>\n<p>(a)the tax payable by a company for an accounting period does not exceed the relevant limit, and<\/p>\n<p>(b)the accounting period started on the company coming within the charge to corporation tax,<\/p>\n<p>then the preliminary tax appropriate to the accounting period shall be deemed to be nil and neither subsection (3) of section 959AR nor subsection (4) of section 959AS apply as respects that accounting period.<\/p>\n<p>(5)This section does not apply to capital gains tax.<\/p>\n<p>959AO.<\/p>\n<h4>Date for payment of income tax.<\/h4>\n<p>(1)Subject to section 959AP, preliminary tax appropriate to a tax year for income tax purposes is due and payable on or before 31 October in the tax year.<\/p>\n<p>(2)<\/p>\n<p>(a)Subject to subsections (3) to (6), income tax payable by a chargeable person for a tax year shall be due and payable on or before the specified return date for the tax year whether or not an assessment is made on or by the chargeable person for the tax year on or before that date.<\/p>\n<p>(b)Where an assessment to income tax for a tax year has not been made on or by a chargeable person on or before the specified return date for the tax year then the amount of tax payable that is specified in any subsequent assessment made on or by the chargeable person for that year shall be deemed to have been due and payable on or before the specified return date for the tax year.<\/p>\n<p>(3)Income tax payable by a chargeable person for a tax year shall be deemed to have been due and payable on 31 October in the tax year where &#8211;<\/p>\n<p>(a)the chargeable person has defaulted in the payment of preliminary tax for the tax year,<\/p>\n<p>(b)the preliminary tax paid by the chargeable person for the tax year is less than, or less than the least of, as the case may be &#8211;<\/p>\n<p>(i)90 per cent of the income tax payable by the chargeable person for the tax year,<\/p>\n<p>(ii)the income tax payable by the chargeable person for the preceding tax year, and<\/p>\n<p>(iii)in the case of a chargeable person to whom section 959AP applies (other than a chargeable person in relation to whom the amount of income tax payable, or taken in accordance with subsection (4)(a) to be payable, for the pre-preceding tax year was nil), 105 per cent of the income tax payable by the chargeable person for the pre-preceding tax year,<\/p>\n<p>or<\/p>\n<p>(c)the preliminary tax payable by the chargeable person for the tax year was not paid by 31 October in the tax year.<\/p>\n<p>(4)For the purposes of subparagraphs (ii) and (iii) of subsection (3)(b) &#8211;<\/p>\n<p>(a)subject to subsection (5), where the chargeable person was not a chargeable person for the preceding tax year or for the pre-preceding tax year, the income tax payable for the preceding year or the pre-preceding year, as the case may be, shall be taken to be nil,<\/p>\n<p>(b)where, after 31 October in a tax year, an amount of additional income tax for the preceding tax year or, in the case of a chargeable person to whom section 959AP applies, the pre-preceding tax year becomes payable, that additional income tax shall not be taken into account if it became due and payable one month following the amendment to the assessment or the determination of the appeal, as the case may be, by virtue of section 959AU(2) or section 959AV(2), and<\/p>\n<p>(c)the tax payable for the preceding tax year, or in the case of a chargeable person to whom section 959AP applies, the pre-preceding tax year, shall be determined without regard to any relief to which the chargeable person is or may become entitled for the preceding year or the pre-preceding year, as the case may be, under section 481 or Part 16.<\/p>\n<p>(5)Where, for a tax year, a chargeable person is assessed to income tax in accordance with section 1017 or 1031C, and that person was not so assessed for the preceding tax year or for the pre-preceding tax year or for both of those years either &#8211;<\/p>\n<p>(a)because the person&#8217;s spouse or civil partner was so assessed for either or both of those years, or<\/p>\n<p>(b)because the person and the person&#8217;s spouse or civil partner were assessed to income tax in accordance with section 1016 or 1023, or section 1031B or 1031H, as the case may be, for either or both of those years,<\/p>\n<p>subparagraphs (ii) and (iii) of subsection (3)(b) and subsection (4)(a) apply as if the person and the person&#8217;s spouse or civil partner had elected in accordance with section 1018, 1019 or 1031D, as the case may be, for the person to be assessed to income tax in accordance with section 1017 or 1031C for any of those years for which the person or the person&#8217;s spouse or civil partner were entitled to so elect or, in the case of married persons, would have been so entitled if section 1019 had applied.<\/p>\n<p>(6)<\/p>\n<p>(a)Where, in relation to a tax year, the profits or gains of a corresponding period relating to the preceding tax year are taken to be the profits or gains of that preceding tax year in accordance with section 65(3), then, notwithstanding that the assessment for that preceding tax year has not been amended, any income tax payable for that preceding tax year which exceeds the income tax due and payable for that year without regard to the operation of section 65(3) is due and payable on or before the specified return date for the tax year.<\/p>\n<p>(b)An amount of income tax to which paragraph (a) applies shall not be taken into account for the purposes of subsection (3).<\/p>\n<p>(c)Notwithstanding section 959AU, where, in relation to a tax year, any additional tax for the preceding tax year is due and payable by virtue of an amendment of the assessment for that year made in accordance with section 65(3), then, such additional tax as specified in the amendment to the assessment for that year shall be deemed to have been due and payable on or before the specified return date for the tax year.<\/p>\n<p>959AP.<\/p>\n<h4>Payment of preliminary tax by direct debit.<\/h4>\n<p>(1)This section applies to a chargeable person who &#8211;<\/p>\n<p>(a)authorises the Collector-General to collect preliminary tax for income tax purposes by the debiting of a bank account of that person in accordance with subsection (2), and<\/p>\n<p>(b)complies with such conditions as the Collector-General may reasonably impose to ensure that an amount of preliminary tax payable by a chargeable person for a tax year will be paid by the chargeable person in accordance with this section.<\/p>\n<p>(2)Preliminary tax appropriate to a tax year for income tax purposes is due and payable in the case of a chargeable person to whom this subsection applies &#8211;<\/p>\n<p>(a)as respects the first tax year for which the Collector-General is authorised in accordance with subsection (1) to debit that person&#8217;s bank account, by way of a minimum of 3 equal monthly instalments in that year, and<\/p>\n<p>(b)as respects any subsequent tax year in which the Collector-General is so authorised, by way of a minimum of 8 equal monthly instalments in that year,<\/p>\n<p>and the Collector-General shall debit the bank account of that person with such instalments on day 9 of each month for which the Collector-General is so authorised.<\/p>\n<p>(3)The Collector-General may, in any particular case, in order to facilitate the payment of preliminary tax in accordance with this section, agree at the Collector-General&#8217;s discretion to vary the number of equal monthly instalments to be collected in a year or agree at the Collector-General&#8217;s discretion to an increase or decrease in the amount to be collected in any subsequent instalment to be made in that year.<\/p>\n<p>(4)A chargeable person shall not be treated as having paid an amount of preliminary tax in accordance with this subsection unless that person pays in the tax year the monthly instalments due in accordance with subsection (2) or (3), as appropriate.<\/p>\n<p>(5)For the purposes of section 959AO, a chargeable person who pays an amount of preliminary tax appropriate to a tax year in accordance with this section shall be deemed to have paid that amount of preliminary tax on 31 October in the tax year.<\/p>\n<p>959AQ.<\/p>\n<h4>Date for payment of capital gains tax.<\/h4>\n<p>(1)Capital gains tax payable by a chargeable person for a tax year is, where an assessment has not been made on or by the chargeable person for the tax year, due and payable &#8211;<\/p>\n<p>(a)as respects tax payable for the initial period, on or before 15 December in the tax year, and<\/p>\n<p>(b)as respects tax payable for the later period, on or before 31 January in the next following tax year.<\/p>\n<p>(2)Where the capital gains tax payable by a chargeable person for a tax year is due and payable in accordance with subsection (1), then the amount of tax payable that is specified in any subsequent assessment made on or by the chargeable person for that year shall be deemed to have been due and payable &#8211;<\/p>\n<p>(a)on or before 15 December in the tax year, as respects tax payable for the initial period, and<\/p>\n<p>(b)on or before 31 January in the next following tax year, as respects tax payable for the later period.<\/p>\n<p>959AR. Date for payment of corporation tax: companies other than with relevant accounting periods.<br \/>\n(1)Preliminary tax appropriate to an accounting period, other than a relevant accounting period, of a company is due and payable &#8211;<\/p>\n<p>(a)subject to paragraph (b), not later than the day (in this paragraph referred to as the &#8216;first-mentioned day&#8217;) which is 31 days before the day on which the accounting period ends, but where the first-mentioned day is later than day 21 of the month in which it occurs, the preliminary tax shall be due and payable not later than &#8211;<\/p>\n<p>(i)day 21 of the month in which that first-mentioned day occurs, or<\/p>\n<p>(ii)where payment of the preliminary tax is made by day 23 of the month in which that first-mentioned day occurs by such electronic means as are required by the Revenue Commissioners, day 23 of the month in which that first-mentioned day occurs,<\/p>\n<p>(b)in a case where the accounting period is less than one month and one day in length, not later than the last day of the accounting period, but where that day is later than day 21 of the month in which it occurs, the preliminary tax is due and payable not later than &#8211;<\/p>\n<p>(i)day 21 of the month in which that last day occurs, or<\/p>\n<p>(ii)where payment of the preliminary tax is made by day 23 of the month in which that last day occurs by such electronic means as are required by the Revenue Commissioners, day 23 of the month in which that last day occurs.<\/p>\n<p>(2)<\/p>\n<p>(a)Subject to subsections (3) and (4), tax payable by a chargeable person for an accounting period, other than a relevant accounting period, of a company shall be due and payable on or before the specified return date for the accounting period.<\/p>\n<p>(b)Where the tax payable by a chargeable person for an accounting period, other than a relevant accounting period, of a company is due and payable in accordance with paragraph (a), then the amount of tax payable that is specified in any subsequent assessment made on or by the chargeable person for that accounting period shall be deemed to have been due and payable on or before the specified return date for the accounting period.<\/p>\n<p>(3)Subject to subsection (4), the tax payable by a chargeable person for an accounting period, other than a relevant accounting period, of a company shall be deemed to have been due and payable on the due date for the payment of an amount of preliminary tax for the accounting period where &#8211;<\/p>\n<p>(a)the chargeable person has defaulted in the payment of preliminary tax for the accounting period,<\/p>\n<p>(b)in the case of a company that is a small company in relation to the accounting period, the preliminary tax paid by the chargeable person for the accounting period is less than, or less than the lower of &#8211;<\/p>\n<p>(i)90 per cent of the tax payable by the chargeable person for the accounting period, and<\/p>\n<p>(ii)the sum of the corresponding corporation tax for the preceding accounting period and the corresponding income tax for the preceding accounting period,<\/p>\n<p>(c)in the case of a company that is not a small company in relation to the accounting period, the preliminary tax paid by the chargeable person for the accounting period is less than 90 per cent of the tax payable by the chargeable person for the accounting period, or<\/p>\n<p>(d)the preliminary tax payable by the chargeable person for the accounting period was not paid by the date on which it was due and payable.<\/p>\n<p>(4)Where as respects an accounting period, other than a relevant accounting period, of a company &#8211;<\/p>\n<p>(a)for accounting periods other than those referred to in paragraph (b) &#8211;<\/p>\n<p>(i)the preliminary tax paid by the chargeable person for the accounting period in accordance with subsection (1) is less than 90 per cent of the tax payable by the chargeable person for the accounting period,<\/p>\n<p>(ii)the preliminary tax so paid by the chargeable person for the accounting period is not less than 90 per cent of the amount of tax which would be payable by the chargeable person for the accounting period if no amount were included in the company&#8217;s profits for the accounting period &#8211;<\/p>\n<p>(I)in respect of chargeable gains on the disposal of assets in the part of the accounting period which is after the date by which preliminary tax for the accounting period is payable in accordance with subsection (1), or<\/p>\n<p>(II)in the case of a relevant company, in respect of profits or gains or losses accruing, and not realised, in the accounting period on financial assets or financial liabilities as are attributable to changes in value of those assets or liabilities in the part of the accounting period which is after the end of the month immediately preceding the month in which preliminary tax for the accounting period is payable in accordance with subsection (1),<\/p>\n<p>and<\/p>\n<p>(iii)the chargeable person makes a further payment of preliminary tax for the accounting period within one month after the end of the accounting period and the aggregate of that payment and the preliminary tax paid by the chargeable person for the accounting period in accordance with subsection (1) is not less than 90 per cent of the tax payable by the chargeable person for the accounting period,<\/p>\n<p>or<\/p>\n<p>(b)for accounting periods commencing on or after 1 January 2022 and ending on or before 31 December 2027 &#8211;<\/p>\n<p>(i)the preliminary tax paid by the chargeable person for the accounting period in accordance with subsection (1) is less than 90 per cent of the tax payable by the chargeable person for the accounting period,<\/p>\n<p>(ii)the preliminary tax so paid by the chargeable person for the accounting period is not less than 90 per cent of the amount of tax which would be payable by the chargeable person for the accounting period if no amount were included in the company&#8217;s profits for the accounting period &#8211;<\/p>\n<p>(I)in respect of chargeable gains on the disposal of assets in the part of the accounting period which is after the date by which preliminary tax for the accounting period is payable in accordance with subsection (1),<\/p>\n<p>(II)in the case of a relevant company, in respect of profits or gains or losses accruing, and not realised, in the accounting period on financial assets or financial liabilities as are attributable to changes in value of those assets or liabilities in the part of the accounting period which is after the end of the month immediately preceding the month in which preliminary tax for the accounting period is payable in accordance with subsection (1), or<\/p>\n<p>(III)in respect of a disallowable amount (within the meaning of Part 35D),<\/p>\n<p>(iii)the chargeable person makes a further payment, if required, of preliminary tax for the accounting period within one month after the end of the accounting period and the aggregate of that payment and the preliminary tax paid by the chargeable person for the accounting period in accordance with subsection (1) is not less than 90 per cent of the tax payable by the chargeable person for the accounting period if no amount were included in the company&#8217;s profits for the accounting period in respect of a disallowable amount (within the meaning of Part 35D),<\/p>\n<p>(iv)the chargeable person makes a further payment of preliminary tax, if required, for the accounting period within a period of 6 months after the end of the accounting period, but where the last day of that period of 6 months is later than day 21 of the month in which it occurs, the further payment of preliminary tax for the accounting period is paid no later than &#8211;<\/p>\n<p>(I)day 21 of the month in which that last day occurs, or<\/p>\n<p>(II)where payment is made by such electronic means as are required by the Revenue Commissioners, day 23 of the month in which that last day occurs,<\/p>\n<p>and<\/p>\n<p>(v)following the making of any payment referred to in subparagraph (iii) or (iv), the aggregate of those payments and the preliminary tax paid by the chargeable person for the accounting period in accordance with subsection (1) is not less than 90 per cent of the tax payable by the chargeable person for the accounting period,<\/p>\n<p>then the further payment of preliminary tax paid by the chargeable person for the accounting period shall be treated for the purposes of subsection (3) as having been paid by the date by which it is due and payable.<\/p>\n<p>959AS.<\/p>\n<h4>Date for payment of corporation tax: companies with relevant accounting periods.<\/h4>\n<p>(1)Subject to subsection (1A), preliminary tax appropriate to a relevant accounting period is due and payable in 2 instalments, the first of which is referred to in this section as the &#8216;initial instalment&#8217; and the second of which is referred to in this section as the &#8216;final instalment&#8217;.<\/p>\n<p>(1A)Where a company, that comes within the charge to corporation tax under Case V of Schedule D pursuant to section 25(2A) on or after 1 January 2022, has an accounting period ending on or before 30 June 2022, preliminary tax appropriate to that accounting period is due and payable &#8211;<\/p>\n<p>(a)not later than 21 June 2022, or<\/p>\n<p>(b)where payment of preliminary tax is made by such electronic means as are required by the Revenue Commissioners, not later than 23 June 2022.<\/p>\n<p>(2)<\/p>\n<p>(a)The initial instalment is due and payable within a period of 6 months from the start of the accounting period, but where the last day of that period of 6 months is later than day 21 of the month in which it occurs, the initial instalment is due and payable not later than &#8211;<\/p>\n<p>(i)day 21 of the month in which that last day occurs, or<\/p>\n<p>(ii)where payment of the initial instalment is made by day 23 of the month in which that last day occurs by such electronic means as are required by the Revenue Commissioners, day 23 of the month in which that last day occurs.<\/p>\n<p>(b)The final instalment is due and payable not later than the day (in this paragraph referred to as the &#8216;first-mentioned day&#8217;) which is 31 days before the day on which the accounting period ends, but where the first-mentioned day is later than day 21 of the month in which it occurs, the final instalment is due and payable not later than &#8211;<\/p>\n<p>(i)day 21 of the month in which that first-mentioned day occurs, or<\/p>\n<p>(ii)where payment of the final instalment is made by day 23 of the month in which that first-mentioned day occurs by such electronic means as are required by the Revenue Commissioners, day 23 of the month in which that first-mentioned day occurs.<\/p>\n<p>(3)<\/p>\n<p>(a)Subject to subsections (4) to (7), tax payable by a chargeable person for a relevant accounting period is due and payable on or before the specified return date for the accounting period.<\/p>\n<p>(b)Where the tax payable by a chargeable person for a relevant accounting period is due and payable in accordance with paragraph (a), then the amount of tax payable that is specified in any subsequent assessment made on or by the chargeable person for that accounting period shall be deemed to have been due and payable on or before the specified return date for the accounting period.<\/p>\n<p>(4)Subject to subsections (6) and (7) and section 959AT, the tax payable by a chargeable person for a relevant accounting period shall be deemed to have been due and payable in accordance with subsection (5) where &#8211;<\/p>\n<p>(a)the chargeable person has defaulted in the payment of the initial instalment or final instalment of preliminary tax for the accounting period,<\/p>\n<p>(b)the initial instalment of preliminary tax paid by the chargeable person for the accounting period is less than, or less than the lower of &#8211;<\/p>\n<p>(i)45 per cent of the tax payable by the chargeable person for the accounting period, and<\/p>\n<p>(ii)50 per cent of the sum of the corresponding corporation tax for the preceding accounting period and the corresponding income tax for the preceding accounting period,<\/p>\n<p>(c)in a case where the accounting period commenced on the company coming within the charge to corporation tax, the initial instalment of preliminary tax paid by the chargeable person for the accounting period is less than 45 per cent of the tax payable by the chargeable person for the accounting period,<\/p>\n<p>(d)the aggregate of the initial instalment and the final instalment of preliminary tax paid by the chargeable person for the accounting period is less than 90 per cent of the tax payable by the chargeable person for the accounting period, or<\/p>\n<p>(e)the initial instalment or the final instalment of preliminary tax payable by the chargeable person for the accounting period was not paid by the date on which it was due and payable.<\/p>\n<p>(5)<\/p>\n<p>(a)Tax due and payable in accordance with this subsection by a chargeable person for a relevant accounting period is due and payable in 2 instalments, the first of which is referred to in this subsection as the &#8216;initial relevant instalment&#8217; and the second of which is referred to in this subsection as the &#8216;final relevant instalment&#8217;.<\/p>\n<p>(b)The amount of the initial relevant instalment is 45 per cent of the tax payable by the chargeable person for the accounting period and the initial relevant instalment is due and payable not later than the day on which the initial instalment of preliminary tax is due and payable in accordance with subsection (2).<\/p>\n<p>(c)The amount of the final relevant instalment is an amount equal to the excess of the tax payable by the chargeable person for the accounting period over the amount of the initial relevant instalment and the final relevant instalment is due and payable not later than the day on which the final instalment of preliminary tax is due and payable in accordance with subsection (2).<\/p>\n<p>(6)Where as respects a relevant accounting period &#8211;<\/p>\n<p>(a)the initial instalment of preliminary tax paid by the chargeable person for the accounting period in accordance with subsection (2) is less than 45 per cent of the tax payable by the chargeable person for the accounting period,<\/p>\n<p>(b)the initial instalment of preliminary tax so paid by the chargeable person for the accounting period is not less than 45 per cent of the amount of tax which would be payable by the chargeable person for the accounting period if no amount were included in the company&#8217;s profits for the accounting period &#8211;<\/p>\n<p>(i)in respect of chargeable gains on the disposal of assets in the part of the accounting period which is after the date by which the initial instalment of preliminary tax for the accounting period is payable in accordance with subsection (2), or<\/p>\n<p>(ii)in the case of a relevant company, in respect of profits or gains or losses accruing, and not realised, in the accounting period on financial assets or financial liabilities as are attributable to changes in value of those assets or liabilities in the part of the accounting period which is after the end of the month immediately preceding the month in which the initial instalment of preliminary tax for the accounting period is payable in accordance with subsection (2),<\/p>\n<p>(c)the aggregate of the initial instalment and the final instalment of preliminary tax paid by the chargeable person for the accounting period in accordance with subsection (2) is not less than 90 per cent of the amount of tax which would be payable by the chargeable person for the accounting period if computed in accordance with subsection (7)(b),<\/p>\n<p>then the initial instalment of preliminary tax paid by the chargeable person for the accounting period shall be treated for the purposes of subsection (4) as having been paid by the date on which it is due and payable.<\/p>\n<p>(7)Where, as respects a relevant accounting period, either &#8211;<\/p>\n<p>(a)for accounting periods other than those referred to in paragraph (b) &#8211;<\/p>\n<p>(i)the aggregate of the initial instalment and the final instalment of preliminary tax paid by the chargeable person for the accounting period in accordance with subsection (2) is less than 90 per cent of the tax payable by the chargeable person for the accounting period,<\/p>\n<p>(ii)the aggregate of the initial instalment and the final instalment of preliminary tax so paid by the chargeable person for the accounting period is not less than 90 per cent of the amount of tax which would be payable by the chargeable person for the accounting period if no amount were included in the company&#8217;s profits for the accounting period &#8211;<\/p>\n<p>(I)in respect of chargeable gains on the disposal of assets in the part of the accounting period which is after the date by which the final instalment of preliminary tax for the accounting period is payable in accordance with subsection (2), or<\/p>\n<p>(II)in the case of a relevant company, in respect of profits or gains or losses accruing, and not realised, in the accounting period on financial assets or financial liabilities as are attributable to changes in value of those assets or liabilities in the part of the accounting period which is after the end of the month immediately preceding the month in which the final instalment of preliminary tax for the accounting period is payable in accordance with subsection (2),<\/p>\n<p>and<\/p>\n<p>(iii)the chargeable person makes a further payment of preliminary tax for the accounting period within one month after the end of the accounting period and the aggregate of that payment and the initial instalment and final instalment of preliminary tax paid by the chargeable person for the accounting period in accordance with subsection (2) is not less than 90 per cent of the tax payable by the chargeable person for the accounting period,<\/p>\n<p>or<\/p>\n<p>(b)for accounting periods commencing on or after 1 January 2022 and ending on or before 31 December 2027 &#8211;<\/p>\n<p>(i)the aggregate of the initial instalment and the final instalment of preliminary tax paid by the chargeable person for the accounting period in accordance with subsection (2) is less than 90 per cent of the tax payable by the chargeable person for the accounting period,<\/p>\n<p>(ii)the aggregate of the initial instalment and the final instalment of preliminary tax so paid by the chargeable person for the accounting period is not less than 90 per cent of the amount of tax which would be payable by the chargeable person for the accounting period if no amount were included in the company&#8217;s profits for the accounting period &#8211;<\/p>\n<p>(I)in respect of chargeable gains on the disposal of assets in the part of the accounting period which is after the date by which preliminary tax for the accounting period is payable in accordance with subsection (1),<\/p>\n<p>(II)in the case of a relevant company, in respect of profits or gains or losses accruing, and not realised, in the accounting period on financial assets or financial liabilities as are attributable to changes in value of those assets or liabilities in the part of the accounting period which is after the end of the month immediately preceding the month in which preliminary tax for the accounting period is payable in accordance with subsection (1), or<\/p>\n<p>(III)in respect of a disallowable amount (within the meaning of Part 35D),<\/p>\n<p>(iii)<\/p>\n<p>the chargeable person makes a further payment of preliminary tax, if required, for the accounting period within one month after the end of the accounting period and the aggregate of that payment and the initial instalment and final instalment of preliminary tax paid by the chargeable person for the accounting period in accordance with subsection (2) is not less than 90 per cent of the tax payable by the chargeable person for the accounting period if no amount were included in the company&#8217;s profits for the accounting period in respect of a disallowable amount (within the meaning of Part 35D),<\/p>\n<p>(iv)the chargeable person makes a further payment of preliminary tax, if required, for the accounting period within a period of 6 months after the end of the accounting period, but where the last day of that period of 6 months is later than day 21 of the month in which it occurs, the further payment of preliminary tax for the accounting period is paid no later than &#8211;<\/p>\n<p>(I)day 21 of the month in which that last day occurs, or<\/p>\n<p>(II)where payment is made by such electronic means as are required by the Revenue Commissioners, day 23 of the month in which that last day occurs,<\/p>\n<p>and<\/p>\n<p>(v)following the making of any payment referred to in subparagraph (iii) or (iv), the aggregate of those payments and the initial instalment and final instalment of preliminary tax paid by the chargeable person for the accounting period in accordance with subsection (2) is not less than 90 per cent of the tax payable by the chargeable person for the accounting period,<\/p>\n<p>the final instalment of preliminary tax paid by the chargeable person for the accounting period shall be treated for the purposes of subsection (4) as having been paid by the date on which it is due and payable.<\/p>\n<p>959AT.<\/p>\n<h4>Date for payment of corporation tax: groups.<\/h4>\n<p>(1)In this section &#8211;<\/p>\n<p>&#8216;initial balance&#8217; means the amount represented by the formula &#8211;<\/p>\n<p>A &#8211; B<\/p>\n<p>where &#8211;<\/p>\n<p>Ais the amount of the initial instalment of preliminary tax paid by the surrendering company for the relevant period in accordance with subsection (2) of section 959AS, and<\/p>\n<p>Bis &#8211;<\/p>\n<p>(a)where the relevant period started on the surrendering company coming within the charge to corporation tax &#8211;<\/p>\n<p>(i)45 per cent of the tax payable by the surrendering company for the relevant period, or<\/p>\n<p>(ii)where subsection (4) of section 959AN applies in relation to that period, a nil amount,<\/p>\n<p>or<\/p>\n<p>(b)in any other case, the lower of &#8211;<\/p>\n<p>(i)45 per cent of the tax payable by the surrendering company for the relevant period, or<\/p>\n<p>(ii)50 per cent of the sum of the corresponding corporation tax for the preceding accounting period and the corresponding income tax for the preceding accounting period, which is payable by the surrendering company;<\/p>\n<p>&#8216;final balance&#8217; means the amount represented by the formula &#8211;<\/p>\n<p>C &#8211; D<\/p>\n<p>where &#8211;<\/p>\n<p>Cis the amount of preliminary tax paid by the surrendering company for the relevant period in accordance with section 959AR(1) or section 959AS(2), as the case may be, and<\/p>\n<p>Dis 90 per cent of the tax payable by the surrendering company for the relevant period, or, where subsection (4) of section 959AN applies in relation to that period, a nil amount;<\/p>\n<p>&#8216;relevant initial balance&#8217; means that part of an initial balance that is specified in a notice given in accordance with subsection (3);<\/p>\n<p>&#8216;relevant final balance&#8217; means that part of a final balance that is specified in a notice given in accordance with subsection (3).<\/p>\n<p>(2)This section applies where &#8211;<\/p>\n<p>(a)a company (in this section referred to as the &#8216;surrendering company&#8217;) which is a member of a group pays &#8211;<\/p>\n<p>(i)an initial instalment of preliminary tax for an accounting period (in this subsection referred to as the &#8216;relevant period&#8217;) in accordance with subsection (2) of section 959AS, being an amount which exceeds, or exceeds the lower of &#8211;<\/p>\n<p>(I)45 per cent of the tax payable by that surrendering company for the relevant period, and<\/p>\n<p>(II)50 per cent of the sum of the corresponding corporation tax for the preceding accounting period and the corresponding income tax for the preceding accounting period, that is payable by the surrendering company,<\/p>\n<p>(ii)an initial instalment of preliminary tax for a relevant period which started on the surrendering company coming within the charge to corporation tax, being an amount which exceeds 45 per cent of the tax payable by that company for the relevant period,<\/p>\n<p>(iii)an amount of preliminary tax for a relevant period in accordance with section 959AR(1) or section 959AS(2), as the case may be, being an amount which exceeds 90 per cent of the tax payable by the surrendering company for the relevant period, or<\/p>\n<p>(iv)any amount of preliminary tax for a relevant period in respect of which subsection (4) of section 959AN applies,<\/p>\n<p>(b)another company (in this section referred to as the &#8216;claimant company&#8217;) which is a member of the group pays &#8211;<\/p>\n<p>(i)an initial instalment of preliminary tax for an accounting period in accordance with subsection (2) of section 959AS, being an amount which is less than, or less than the lower of &#8211;<\/p>\n<p>(I)45 per cent of the tax payable by the claimant company for the accounting period, and<\/p>\n<p>(II)50 per cent of the sum of the corresponding corporation tax for the preceding accounting period and the corresponding income tax for the preceding accounting period, which is payable by the claimant company,<\/p>\n<p>(ii)an initial instalment of preliminary tax for an accounting period which started on the claimant company coming within the charge to corporation tax, being an amount which is less than 45 per cent of the tax payable by that company for the relevant period, or<\/p>\n<p>(iii)an amount of preliminary tax for an accounting period in accordance with subsection (2) of section 959AS, being an amount which is less than 90 per cent of the tax payable by the claimant company for the accounting period,<\/p>\n<p>or<\/p>\n<p>(c)the accounting period in paragraph (b) coincides with the relevant period, and<\/p>\n<p>(d)the claimant company is not a small company in relation to the relevant period.<\/p>\n<p>(3)Where this section applies, the 2 companies may, at any time on or before the specified return date for the accounting period of the surrendering company, jointly give notice to the Collector-General &#8211;<\/p>\n<p>(a)that subsection (4)(a) is to have effect in relation to the relevant initial balance, or<\/p>\n<p>(b)that subsection (4)(b) is to have effect in relation to the relevant final balance.<\/p>\n<p>(4)<\/p>\n<p>(a)Where this subsection has effect in relation to any relevant initial balance &#8211;<\/p>\n<p>(i)an additional amount of preliminary tax equal to the relevant initial balance shall be deemed for the purposes of subsection (4)(b) of section 959AS to have been paid by the claimant company on the due date for the payment of the initial instalment of preliminary tax of that company for the relevant period if 100 per cent of the tax payable by the claimant company for the relevant period, disregarding this subparagraph, is paid on or before the specified return date for the relevant period, and<\/p>\n<p>(ii)the surrendering company shall for the purposes of this section be treated as having surrendered the relevant initial balance to the claimant company and that relevant initial balance shall not be available for use by any other company under this section.<\/p>\n<p>(b)Where this subsection has effect in relation to any relevant final balance &#8211;<\/p>\n<p>(i)an additional amount of preliminary tax equal to the relevant final balance shall be deemed for the purposes of subsection (4)(d) of section 959AS to have been paid by the claimant company on the due date for the payment of the final instalment of preliminary tax of that company for the relevant period if 100 per cent of the tax payable by the claimant company for the relevant period, disregarding this subparagraph, is paid on or before the specified return date for the relevant period, and<\/p>\n<p>(ii)the surrendering company shall for the purposes of this section be treated as having surrendered the relevant final balance to the claimant company and that relevant final balance shall not be available for use by any other company under this section.<\/p>\n<p>(5)A payment for a relevant initial balance or for a relevant final balance &#8211;<\/p>\n<p>(a)shall not be taken into account in computing profits or losses of either company for corporation tax purposes, and<\/p>\n<p>(b)shall not be regarded as a distribution or a charge on income for any of the purposes of the Corporation Tax Acts,<\/p>\n<p>and, in this subsection, &#8216;payment for a relevant initial balance or for a relevant final balance&#8217; means a payment made by the claimant company to the surrendering company in pursuance of an agreement between them as respects an amount surrendered in accordance with this section, being a payment not exceeding that amount.<\/p>\n<p>(6)<\/p>\n<p>(a)This section does not affect the liability to pay corporation tax of any company to which the section relates.<\/p>\n<p>(b)Where this section applies, the amount on which, but for this section, the claimant company is liable to pay interest in accordance with section 1080 shall be reduced by &#8211;<\/p>\n<p>(i)any relevant initial balance deemed to have been paid by that company in accordance with subsection (4)(a)(i), or<\/p>\n<p>(ii)any relevant final balance deemed to have been paid by that company in accordance with subsection (4)(b)(i).<\/p>\n<p>(7)For the purposes of this section, 2 companies are members of the same group if and only if they would be such members for the purposes of section 411.<\/p>\n<p>959AU.<\/p>\n<h4>Date for payment of tax: amended assessments.<\/h4>\n<p>(1)Subject to subsection (2) and section 959AV, any additional tax due by reason of the amendment of an assessment for a chargeable period shall be deemed to be due and payable on the same day as the tax due under the assessment, before its amendment, was due and payable.<\/p>\n<p>(2)Where &#8211;<\/p>\n<p>(a)the assessment was made after the chargeable person had delivered a return containing a full and true disclosure of all material facts necessary for the making of the assessment, or<\/p>\n<p>(b)the assessment had previously been amended following the delivery of the return containing such disclosure,<\/p>\n<p>any additional tax due by reason of the amendment of the assessment shall be deemed to have been due and payable not later than one month from the date of the amendment.<\/p>\n<p>959AV.<\/p>\n<h4>Date for payment of tax: determination of an appeal.<\/h4>\n<p>(1)Where, on the determination of an appeal against an assessment made on a chargeable person for a chargeable period, the amount of tax payable by the person for the period is in excess of the amount of the tax which the chargeable person had paid before the making of the appeal, the excess shall be deemed to be due and payable on the same date as the tax charged by the assessment is due and payable.<\/p>\n<p>(2)Notwithstanding subsection (1), where &#8211;<\/p>\n<p>(a)the amount of tax which the chargeable person had paid before the making of the appeal is not less than 90 per cent of the amount of tax found to be payable on the determination of the appeal, and<\/p>\n<p>(b)the tax charged by the assessment was due and payable in accordance with section 959AO(2), section 959AQ, section 959AR(3) or section 959AS(3), as the case may be,<\/p>\n<p>the excess referred to in subsection (1) shall be deemed to be due and payable not later than one month from the date of the determination of the appeal.<\/p>\n<p>Chapter 8 Miscellaneous provisions (s. 959AW)<br \/>\n959AW.<\/p>\n<h4>Mutual agreement procedures.<\/h4>\n<p>Notwithstanding section 959AF(3), an assessment or amended assessment, as the case may be, made on a person shall not be final and conclusive where, within 30 days after the date of the notice of assessment, the person &#8211;<\/p>\n<p>(a)requests a mutual agreement under an arrangement having the force of law by virtue of section 826(1) between the competent authority of the State and a competent authority of another jurisdiction, or<\/p>\n<p>(b)submits a complaint on a question in dispute to the Revenue Commissioners under the European Union (Tax Dispute Resolution Mechanisms) Regulations 2019 (S.I. No. 306 of 2019).<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-12933\" data-postid=\"12933\" class=\"themify_builder_content themify_builder_content-12933 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Administration Businesses are obliged to keep and retain records and information relevant to the tax liabilities. They are also obliged to keep and retain linking documents. These are the records which link the primary accounting records to the final accounts. The Revenue has significant powers to enter premises to inspect documents and records relevant to [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[113],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12933"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=12933"}],"version-history":[{"count":15,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12933\/revisions"}],"predecessor-version":[{"id":34885,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12933\/revisions\/34885"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=12933"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=12933"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=12933"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}