Taxes Consolidation Act 1997

865 Limit of time for repayment claims. [ITA67 s498; F(MP) A68 s4(5) (a); CGTA75 s51(1) and Sch4 par2; CTA76 s147(1) and (2)]

865.—Except where otherwise expressly provided by any provision of the Tax Acts or the Capital Gains Tax Act, no claim for repayment of income tax, corporation tax or capital gains tax under those Acts shall be allowed unless it is made within 10 years after the end of the year of assessment or, as the case may be, accounting period to which it relates.

866 Rules as to delivery of statements. [ITA67 s533; FA69 s65(1) and Sch5 PtI]

866.—Any person who, on that person's own behalf or on behalf of another person or body of persons, delivers a statement of the amount of the profits on which any income tax is chargeable shall observe the rules and directions contained in Schedule 28 in so far as those rules and directions are respectively applicable.

867 Amendment of statutory forms. [ITA67 s189]

867.—It shall be lawful for the Revenue Commissioners from time to time to make such amendments of the forms of declarations, lists and statements contained in Schedules 27 and 28 as appear to them to be necessary to give effect to the Income Tax Acts.

868 Execution of warrants. [ITA67 s536; F(MP) A68 s3(4) and Sch PtIII, s3(5) and Sch PtIV; CTA76 s147(1) and (2)]

868.—(1) Warrants issued under the authority of the Tax Acts shall be executed by the respective persons to whom they are directed.

(2) Members of the Garda Síochána shall aid in the execution of the Tax Acts.

869 Delivery, service and evidence of notices and forms. [ITA67 s542(2) and (4) to (7); F(MP) A68 s3(2) and Sch PtI; CGTA75 s51(1) and Sch4 par2; FA75 s25; CTA76 s147(1) and (2)]

869.—(1) (a) In this subsection, except where in paragraph (d) the context otherwise requires, “company” means any body corporate.

(b) Any notice, form or other document which under the Tax Acts or the Capital Gains Tax Acts is to be given, served, sent or delivered to or on a person by the Revenue Commissioners or by an inspector or other officer of the Revenue Commissioners may be either delivered to the person or left—

(i) in a case where the person is a company, at the company's registered office or place of business, or

(ii) in any other case, at the person's usual or last known place of abode or place of business or, if the person is an individual, at his or her place of employment.

(c) Any notice, form or other document referred to in paragraph (b) may be served by post addressed—

(i) in a case where the person is a company, to the company at either of the places specified in paragraph (b) (i), or

(ii) in any other case, to the person at any of the places specified in paragraph (b) (ii).

(d) Without prejudice to paragraphs (b) and (c), section 379 of the Companies Act, 1963, shall apply in relation to the service on a company of any notice, form or other document referred to in this subsection as it applies in relation to the service of documents under that section on a company within the meaning of that Act.

(2) Any notice which under the Tax Acts or the Capital Gains Tax Acts is authorised or required to be given by the Revenue Commissioners may be signed and given by any officer of the Revenue Commissioners authorised by them for the purpose of giving notices of the class to which the notice belongs and, where so signed and given, shall be as valid and effectual as if signed under the hands of the Revenue Commissioners and given by them.

(3) Prima facie evidence of any notice given under the Tax Acts or the Capital Gains Tax Acts by the Revenue Commissioners or an inspector or other officer of the Revenue Commissioners may be given in any proceedings by the production of a document purporting to be a copy of the notice, and it shall not be necessary to prove the official positions or position of the persons or person by whom the notice purports to be given or, where it is signed, the signatures or signature or that the persons or person signing and giving it were or was authorised to do so.

(4) Notices to be given or delivered to, or served on, the Appeal Commissioners shall be valid and effectual if given or delivered to or served on their Clerk.

(5) This section shall apply notwithstanding any other provision of the Tax Acts or the Capital Gains Tax Acts.

870 Effect of want of form, error, etc. on assessments, charges, warrants and other proceedings. [ITA67 s537; F(MP) A68 s3(2) and Sch PtI; CGTA75 s51(1) and Sch4 par2; CTA76 s147(1) and (2)]

870.—(1) An assessment, charge, warrant or other proceeding which purports to be made in accordance with the Income Tax Acts, the Corporation Tax Acts or the Capital Gains Tax Acts shall not be quashed, or deemed to be void or voidable, for want of form, or be affected by reason of a mistake, defect, or omission therein, if the same is in substance and effect in conformity with or according to the intent and meaning of those Acts, and if the person or property charged or intended to be charged or affected thereby is designated therein according to common intent and understanding.

(2) For the purposes of the Tax Acts and the Capital Gains Tax Acts but subject to subsection (3), an assessment or a charge made on an assessment shall not be impeached or affected—

(a) by reason of a mistake in the assessment or the charge made on the assessment as to—

(i) the name or surname of a person liable,

(ii) the description of any profits or property, or

(iii) the amount of the tax charged;

(b) by reason of any variance between the notice and the certificate of charge or assessment.

(3) In cases of charge, the notice of charge shall be duly served on the person intended to be charged, and the notice and certificate shall respectively contain, in substance and effect, the particulars on which the charge is made, and every such charge shall be heard and determined on its merits by the Appeal Commissioners.

871 Power to combine certain returns and assessments. [CGTA75 s51(1) and Sch4 par16]

871.—Any return, assessment or other document relating to chargeable gains or capital gains tax may be combined with one relating to income or income tax.

872 Use of information relating to other taxes and duties. [FA28 s34(2); FA96 s130]

872.—(1) Any information acquired, whether before or after the passing of this Act, in connection with any tax or duty under the care and management of the Revenue Commissioners may be used by them for any purpose connected with any other tax or duty under their care and management.

(2) The Revenue Commissioners or any of their officers may, for any purpose in connection with the assessment and collection of income tax, corporation tax or capital gains tax, make use of or produce in evidence any returns, correspondence, schedules, accounts, statements or other documents or information to which the Revenue Commissioners or any of their officers have or has had or may have lawful access for the purposes of the Acts relating to any tax, duty, levy or charge under the care and management of the Revenue Commissioners.

873 Proof that person is a Commissioner or officer. [ITA67 s541; CTA76 s147(1) and (2)]

873.—In any proceedings under or arising out of the Tax Acts before any court or person empowered to take evidence, prima facie proof of the fact that any person was a Commissioner or officer may be given by proving that, at the time when any matter in controversy in any such proceedings arose, that person was reputed to be or had acted as a Commissioner or officer.

874 Limitation of penalties on officers employed in execution of Tax Acts and Capital Gains Tax Acts. [ITA67 s519; CTA76 s147(1) and (2); CGTA75 s51(1) and Sch4 par3(2)]

874.—(1) A Commissioner, sheriff, county registrar, clerk, inspector, assessor or Collector-General who acts, or is employed, in the execution of the Tax Acts or the Capital Gains Tax Acts shall not be liable to any penalty in respect of such execution other than as provided by those Acts.

(2) Where any civil or criminal proceeding against any officer or person employed in relation to any duty of income tax, corporation tax or capital gains tax on account of the seizure or detention of any goods is brought to trial, and a verdict or judgment is given against the defendant, then, if the court or judge certifies that there was probable cause for the seizure, the plaintiff shall not be entitled to any damages besides the goods seized, or the value of those goods, or to any costs, and the defendant shall not be liable to any punishment.

875 Exemption of appraisements and valuations from stamp duty. [ITA67 s538; CGTA75 s51(2) and Sch4 par2; CTA76 s147(1) and (2)]

875.—No appraisement or valuation given or made in pursuance and for the purposes of the Tax Acts or the Capital Gains Tax Acts shall be liable to any stamp duty.

PART 38 Returns of Income and Gains, Other Obligations and Returns, and Revenue Powers

CHAPTER 1 Income tax: returns of income

876 Notice of liability to income tax. [F(MP) A68 s5(1)]

876.—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'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.

877 Returns by persons chargeable. [ITA67 s169; F(MP) A68 s6(2) and (3); FA69 s65(1) and Sch5 PtI; CTA76 s140(1) and Sch2 PtI par4; FA76 s11(5)]

877.—(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.

(2) Where a person's income of which particulars are required to be included in a statement under this section comprises a distribution chargeable under Schedule F, there shall be shown separately in the statement the amount or value of the distribution and the amount of any tax credit under section 136 to which the person is entitled in respect of that distribution.

(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.

(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.

(5) (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.

(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 £5 for any one offence.

878 Persons acting for incapacitated persons and non-residents. [ITA67 s170; F(MP) A68 s6(4)]

878.—(1) Every person (in this subsection referred to as “the first-mentioned person”) 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 in which the first-mentioned person may be chargeable on the first-mentioned person'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.

(2) Where 2 or more such persons are liable to be charged for the same person—

(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

(b) notice in writing may be given by any such persons to the inspector for each district in which they are called on for a statement stating in which district or districts they are respectively chargeable on their own account, and in which of those districts 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's own account in that district, be charged in that district accordingly by one assessment.

879 Returns of income. [ITA67 s172(1), (2), (4) and (6); FA74 s86 and Sch2 PtI; FA90 s23(2)]

879.—(1) In this section, “prescribed” 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's income and the amounts derived from those sources.

(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—

(a) all the sources of his or her income for the year of assessment in relation to which the notice is given;

(b) the amount of income from each source for the year of assessment computed in accordance with subsection (3);

(c) such 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.

(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 section 65 the profits or gains of a year ending on a date within the year of assessment are to be taken to be the profits or gains of that year of assessment, the computation shall be made by reference to that year ending on a date within that year of assessment.

(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.

880 Partnership returns. [ITA67 s69(3) and s70(1) to (3A) and (5); FA74 s86 and Sch2 PtI; FA79 s30; FA90 s23(1)]

880.—(1) In this section—

“precedent partner” has the same meaning as in Part 43;

“prescribed” means prescribed by the Revenue Commissioners.

(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—

(a) all the sources of income of the partnership for the year of assessment in relation to which the notice is given;

(b) the amount of income from each source for the year of assessment computed in accordance with subsection (3);

(c) such 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.

(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.

(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.

(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.

(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.

881 Returns by married persons. [ITA67 s195B(3) and (6); FA76 s11(1) to (3); FA80 s19 and Sch1 PtIII par6; FA93 s10(1)]

881.—(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, 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.

(2) Where an inspector receives a notification under subsection (1) or is of the opinion that the spouse of the individual concerned is in receipt of income, the inspector may by notice given to the individual's spouse 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's spouse or the individual concerned is the person chargeable to income tax in respect of that income.

(3) The delivery of a statement under subsection (2) shall not affect Chapter 1 of Part 44.

CHAPTER 2 Corporation tax: returns of profits

882 Particulars to be supplied by new companies. [CTA76 s141(1), (1A), (1B) and (3) and s154; FA95 s58]

882.—(1) In this section, “secretary” 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.

(2) Every company which commences to carry on a trade, profession or business shall, within 30 days from the date of such commencement, deliver to the Revenue Commissioners a statement in writing containing the following particulars—

(a) the name of the company,

(b) the address of its registered office in the State or, in the case of a company not resident in the State, the address of its principal place of business in the State,

(c) the name of the secretary or, in the case of a company not resident in the State, the name and address of the agent, manager, factor or other representative of the company,

(d) the date of commencement of the trade, profession or business or, in the case of a company not resident in the State, the date of commencement of its trade or profession in the State,

(e) the nature of the trade, profession or business, and

(f) the date to which the first accounts relating to such trade, profession or business will be made up;

but this subsection shall not apply to a company which is neither resident nor incorporated in the State unless it commences to carry on a trade, profession or business in the State.

(3) Subject to subsection (4), every company which is incorporated in the State and is neither resident in the State nor carrying on a trade, profession or business in the State shall, in every case within 30 days of—

(a) the date on which it commences to carry on a trade, profession or business, wherever carried on,

(b) any time at which there is a material change in information previously delivered by the company under this subsection, and

(c) the giving of a notice to the company by an inspector requiring a statement under this subsection,

deliver to the Revenue Commissioners a statement in writing containing particulars of—

(i) the name of the company,

(ii) the address of its registered office in the State and the address of its principal place of business,

(iii) the nature of the trade, profession or business,

(iv) the name and address of the secretary of the company,

(v) (I) where the company is controlled by a company the shares in which are listed in the official list of a recognised stock exchange and have been the subject of dealings on such an exchange in the period of 12 months ending at the time at which the statement is delivered, the name of that company and the address of its registered office, and

(II) in any other case, the name and address of any individual or individuals who have control of the company,

(vi) the territory in which the central management and control of the company is normally carried out, and

(vii) such other information as the Revenue Commissioners consider necessary for the purposes of determining the territory in which the company is resident for the purposes of tax.

(4) Subsection (3) shall not apply to a company (in this subsection referred to as “the first-mentioned company”) if, at the time at which a statement under that subsection would apart from this subsection have to be delivered, there is a company which is a 90 per cent subsidiary of the first-mentioned company carrying on a trade or profession in the State.

(5) For the purposes of this section—

(a) sections 412 to 418 shall apply for the purposes of this paragraph as they would apply for the purposes of Chapter 5 of Part 12 if section 411(1) (c) were deleted, and

(b) control shall be construed in accordance with section 432.

883 Notice of liability to corporation tax. [CTA76 s142(1)]

883.—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.

884 Returns of profits. [CTA76 s143(1) to (6), (7) (a), (b) and (d) and (12) (c); FA81 s16; FA83 s36; FA90 s54; FA92 s247]

884.—(1) In this section, “return” includes any statement, declaration or list.

(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—

(a) the profits of the company computed in accordance with the Corporation Tax Acts—

(i) specifying the income taken into account in computing those profits, with the amount from each source,

(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

(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),

(b) the distributions received by the company from companies resident in the State and the tax credits to which the company is entitled in respect of those distributions,

(c) all amounts of tax credits recoverable from the company under sections 157(5) and 158(4),

(d) payments made from which income tax is deductible and to which subsections (3) to (5) of section 238 apply, and

(e) all amounts which under section 438 are deemed to be annual payments.

(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.

(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 and of tax credits to which the company is entitled in respect of those distributions.

(5) Every return under this section shall include a declaration to the effect that the return is correct and complete.

(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.

(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.

(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.

(9) (a) In this subsection, “authorised officer” means an inspector or other officer of the Revenue Commissioners authorised by them in writing to exercise the powers conferred by this subsection.

(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—

(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's certificate;

(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.

(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.

CHAPTER 3 Other obligations and returns.

885 Obligation to show tax reference number on receipts. [FA83 s22(1) and (2)]

885.—(1) In this section—

“business” means—

(a) a profession, or

(b) a trade consisting solely of the supply (within the meaning of the Value-Added Tax Acts, 1972 to 1997) 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;

“specified person”, in relation to a business, means—

(a) where the business is carried on by an individual, that individual, and

(b) where the business is carried on by a partnership, the precedent partner;

“tax reference number”, in relation to a specified person, means each of the following—

(a) the Revenue and Social Insurance (RSI) Number stated on any certificate of tax-free allowances issued to that person by an inspector, not being a certificate issued to an employer in respect of an employee of that employer,

(b) the reference number stated on any return of income form or notice of assessment issued to that person by an inspector, and

(c) the registration number of that person for the purposes of value-added tax.

(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'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'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 £5 or more) issued in the course of that business.

886 Obligation to keep certain records. [FA68 s6(1) to (5); CTA76 s147(1) and (2); FA92 s231]

886.—(1) In this section—

“linking documents” means documents drawn up in the making up of accounts and showing details of the calculations linking the records to the accounts;

“records” includes accounts, books of account, documents and any other data maintained manually or by any electronic, photographic or other process, relating to—

(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,

(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,

(c) the assets and liabilities of the trade, profession or other activity referred to in paragraph (a) or (b), and

(d) all transactions which constitute an acquisition or disposal of an asset for capital gains tax purposes.

(2) (a) Every person who—

(i) on that person'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,

(ii) is chargeable to tax under Schedule D or F in respect of any other source of income, or

(iii) is chargeable to capital gains tax in respect of chargeable gains,

shall keep, or cause to be kept on that person'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.

(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.

(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's behalf, linking documents.

(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.

(3) Records required to be kept or retained by virtue of this section shall be kept—

(a) in written form in an official language of the State, or

(b) subject to section 887(2), by means of any electronic, photographic or other process.

(4) (a) Subject to paragraph (b), linking documents and records kept in accordance with subsections (2) and (3) shall be retained by the person required to keep the records—

(i) for a period of 6 years after the completion of the transactions, acts or operations to which they relate, or

(ii) in the case of a person who fails to comply with section 951(1) 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.

(b) Paragraph (a) shall not—

(i) require the retention of linking documents and records in respect of which the inspector notifies in writing the person who is required to retain them that retention is not required, or

(ii) apply to the books and papers of a company which have been disposed of in accordance with section 305(1) of the Companies Act, 1963.

(5) Any person who fails to comply with subsection (2), (3) or (4) 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 £1,200; 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.

887 Use of electronic data processing. [FA86 s113(1), (2) and (3); FA93 s99]

887.—(1) In this section—

“the Acts” means—

(a) the Tax Acts,

(b) the Capital Gains Tax Acts,

(c) the Value-Added Tax Act, 1972,

(d) the Capital Acquisitions Tax Act, 1976, and the enactments amending or extending that Act, and

(e) Part VI of the Finance Act, 1983,

and any instruments made thereunder;

“records” means documents which a person is obliged by the Acts to keep, to issue or to produce for inspection, and any other written or printed material.

(2) For the purposes of the Acts and subject to the agreement of the Revenue Commissioners, records may be stored, maintained, transmitted, reproduced or communicated, as the case may be, by any electronic, photographic or other process approved of by the Revenue Commissioners, and in circumstances where the use of such process has been agreed by the Revenue Commissioners and subject to such conditions as they may impose.

(3) Where in accordance with subsection (2) records are preserved by electronic, photographic or other process, a statement 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.

888 Returns, etc. by lessors, lessees and agents. [ITA67, 80(1) and s94; FA69 s33(1) and Sch4 PtI; FA92 s227(a); FA95 s14(1)]

888.—(1) In this section, “lease”, “lessee”, “lessor”, “premises” and “rent” have the same meanings respectively as in Chapter 8 of Part 4.

(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, the inspector may by notice in writing require—

(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;

(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;

(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;

(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—

(i) the full address of all such premises,

(ii) the name and address of every person to whom such premises belong,

(iii) a statement of all rents and other such payments arising from such premises, and

(iv) such other particulars relating to all such premises as may be specified in the notice;

(e) any Minister of the Government who, or any health board, local authority (within the meaning of section 2(2) of the Local Government Act, 1941) 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—

(i) the full address of all such premises,

(ii) the name and address of every person to whom such premises belong,

(iii) a statement of all such payments arising in respect of such premises, and

(iv) such other particulars relating to all such premises as may be specified in the notice.

889 Returns of fees, commissions, etc. paid by certain persons. [ITA67 s173(1) to (7) and (9) to (10); FA82 s60; FA92 s227(b) and s248]

889.—(1) In this section—

“tax reference number”, 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;

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;

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.

(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—

(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,

(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

(c) periodical or lump sum payments made to persons ordinarily resident in the State in respect of any copyright.

(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—

(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

(b) periodical or lump sum payments made to persons ordinarily resident in the State in respect of any copyright.

(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.

(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—

(a) the services or rights in respect of which the payment was made,

(b) the period over which any services were rendered, and

(c) any business name and any business or home address of the person to whom payment was made.

(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.

(7) No person shall be required under this section to include in a return—

(a) particulars of any payment from which income tax is deductible,

(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 £500, or

(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.

(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 £1,200.

(9) Penalties under this section may, without prejudice to any other method of recovery, be proceeded for and recovered summarily in the like manner as in summary proceedings for the recovery of any fine or penalty under any Act relating to the excise.

(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.

890 Returns by persons in receipt of income belonging to others. [ITA67 s176; F(MP) A68 s6(5); FA92 s227(c)]

890.—(1) Every person (in this section referred to as “the first-mentioned person”) 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—

(a) a statement of all such money, value, profits or gains;

(b) the name and address of every person to whom all such money, value, profits or gains belong;

(c) a declaration whether every such person is of full age, a married woman, resident in the State or an incapacitated person.

(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).

(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 £500.

891 Returns of interest paid or credited without deduction of tax. [ITA67 s175; FA83 s17(2); FA95 s168; Postal and Telecommunications Services Act, 1983 s8(1) and Sch4 PtI]

891.—(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's trade or business or any such part of that person'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.

(2) (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 £50.

(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.

(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.

(4) (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.

(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.

(5) Subsections (1) to (4) shall apply only to money received or retained in the State.

(6) (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—

(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

(ii) requests that the interest shall not be included in any return under this section,

the person paying or crediting the interest shall not be required to include the interest in any such return.

(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—

(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's name and address and the country in which that person was resident when the interest was paid or credited, and

(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.

(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 “the server”) 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 “the beneficial owner”) 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.

(7) A person to whom subsection (1) applies—

(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,

(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

(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.

892 Returns by nominee holders of securities. [FA83 s21(1) and (2)]

892.—(1) In this section, “securities” includes—

(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,

(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

(c) securities of the government of any country or territory outside the State.

(2) Where for any purpose of the Tax Acts any person (in this subsection referred to as “the holder”) 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's name—

(a) the name and address of such person,

(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

(c) the date on which each security was so registered in the holder's name on behalf of such person.

893 Returns by certain intermediaries in relation to UCITS. [FA89 s19(1) to (3); FA92 s229]

893.—(1) In this section—

“distribution” has the same meaning as it has for the purposes of the Corporation Tax Acts;

“intermediary” means any person who provides relevant facilities in relation to a relevant UCITS;

“relevant Directives” means Council Directive 85/611/EEC of 20 December 1985 [^1] 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;

“relevant facilities”, in relation to a relevant UCITS, means—

(a) the marketing in the State of the units of the relevant UCITS,

(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

(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;

“relevant UCITS” means an undertaking which—

(a) is situated in a member state of the European Communities other than the State,

(b) is a UCITS for the purposes of the relevant Directives, and

(c) markets its units in the State;

“tax reference number”, 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;

“UCITS” means an undertaking for collective investment in transferable securities to which the relevant Directives relate;

“units” includes shares and any other instruments granting an entitlement to—

(a) share in the investments or income of, or

(b) receive a distribution from,

a relevant UCITS.

(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—

(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—

(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,

(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

(iii) provided facilities for the repurchase or redemption of units of the relevant UCITS held by any of those persons,

and

(b) where appropriate, in respect of each such person—

(i) the name and address of each relevant UCITS—

(I) the units of which have been so purchased by or on behalf of or sold to that person in that period,

(II) on whose behalf facilities have been provided for the making of payments by the relevant UCITS to that person in that period, and

(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,

and

(ii) (I) the value or total value of the units so purchased by or on behalf of or sold to that person,

(II) the amount of the payments so made by the relevant UCITS to that person, and

(III) the value or total value of the units held by that person which were so repurchased or redeemed by the relevant UCITS.

(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.

894 Returns of certain information by third parties. [FA92 s226; FA95 s14(2) (i)]

894.—(1) In this section—

“appropriate inspector”, in relation to a person to whom this section applies, means—

(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),

(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 a return or statement of income or profits, or

(c) where there is no such inspector as is referred to in paragraphs (a) and (b), the inspector of returns specified in section 950;

“chargeable period” has the same meaning as in section 321(2);

“relevant person” has the meaning assigned to it by subsection (2);

“specified provisions” means paragraphs (d) and (e) of section 888(2) and sections 889 to 893,

“specified return date for the chargeable period”, in relation to a chargeable period, means—

(a) where the chargeable period is a year of assessment, the 31st day of January in the year of assessment following that year, and

(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.

(2) (a) Subject to paragraphs (b) to (e), “relevant person” means any person who—

(i) has information of a kind,

(ii) makes a payment of a kind,

(iii) pays or credits interest of a kind, or

(iv) is in receipt of money or value or of profits or gains of a kind,

referred to in a specified provision.

(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.

(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.

(d) A person with information of the kind referred to in section 893 shall, subject to paragraph (e), be a relevant person only where the person is an intermediary for the purposes of that section.

(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.

(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.

(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.

(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.

(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.

(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.

895 Returns in relation to foreign accounts. [FA92 s230(1) to (6)]

895.—(1) In this section—

“appropriate inspector”, in relation to an intermediary or, as may be appropriate, a resident, means—

(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 or statement of income or profits,

(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 or statement, or

(c) where there is no such inspector as is referred to in paragraphs (a) and (b), the inspector of returns specified in section 950;

“chargeable period” has the same meaning as in section 321(2);

“deposit” 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;

“foreign account” means an account in which a deposit is held at a location outside the State;

“intermediary” 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;

“relevant person” means a person who in the normal course of that person's trade or business receives or holds deposits;

“relevant service” 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;

“resident” means a person resident in the State;

“specified return date for the chargeable period”, in relation to a chargeable period, means—

(a) where the chargeable period is a year of assessment, the 31st day of January in the year of assessment following that year, and

(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;

“tax reference number”, 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.

(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—

(a) the full name and permanent address of the resident,

(b) the resident's tax reference number,

(c) the full name and address of the relevant person with whom the foreign account was opened,

(d) the date on which the foreign account was opened, and

(e) the amount of the deposit made in opening the foreign account.

(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.

(4) (a) Where an intermediary fails—

(i) for any chargeable period to make a return required to be made by the intermediary in accordance with subsection (2),

(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

(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,

the intermediary shall, in respect of each such failure, be liable to a penalty of £2,000.

(b) Where a resident fails—

(i) to furnish details of the kind referred to in subsection (2) to an intermediary who has provided the resident with a relevant service, or

(ii) knowingly or wilfully furnishes that intermediary with incorrect details of that kind,

the resident shall be liable to a penalty of £2,000.

(5) Penalties under subsection (4) may, without prejudice to any other method of recovery, be proceeded for and recovered summarily in the like manner as in summary proceedings for the recovery of any fine or penalty under any Act relating to the excise.

(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 section 950 or 1084, be deemed for that chargeable period to be a chargeable person for the purposes of sections 951 and 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—

(a) the name and address of the relevant person with whom the account was opened,

(b) the date on which the account was opened,

(c) the amount of the deposit made in opening the account, and

(d) the name and address of the intermediary, if any, who provided a relevant service in relation to the opening of the account.

896 Returns in relation to material interest in offshore funds. [FA92 s230A; FA95 s41]

896.—(1) In this section—

“material interest” shall be construed in accordance with section 743(2);

“offshore fund” has the meaning assigned to it by section 743(1), but a relevant UCITS within the meaning of section 893(1) shall not be an offshore fund.

(2) As respects a material interest in an offshore fund, section 895 shall apply with any necessary modifications where it would not otherwise apply—

(a) to every person carrying on in the State a trade or business in the ordinary course of the operations of which such person acts as an intermediary in or in connection with the acquisition of such an interest, in the same manner as it applies to every intermediary within the meaning of that section, and

(b) to a person resident or ordinarily resident in the State who acquires such an interest in the same manner as it applies to a person resident in the State opening an account in which a deposit which such person beneficially owns is held at a location outside the State,

as if in that section—

(i) references to a deposit were references to any payment made by a person resident or ordinarily resident in the State in acquiring a material interest in an offshore fund,

(ii) references to a foreign account were references to such an interest,

(iii) references, however expressed, to the opening of a foreign account were references to the acquisition of such an interest, and

(iv) references to a relevant person were references to an offshore fund.

897 Returns of employees' emoluments, etc. [ITA67 s120(1) and (2), s123 and s178; F(MP) A68 s3(2) and Sch PtI; FA82 s4(7) and s8(6); FA97 s11(4)]

897.—(1) (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—

(i) any payments made to employed persons in respect of expenses,

(ii) any payments made on behalf of employed persons and not repaid, and

(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.

(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.

(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—

(a) the names and places of residence of all persons employed by that employer,

(b) particulars of any car (within the meaning of section 121) made available to those persons by reason of that employment,

(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,

(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

(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 £1,500.

(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.

(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.

(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.

(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—

(a) the return shall contain a statement that the sum included in the return is the result of such an apportionment,

(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

(c) where the inspector is dissatisfied with any such apportionment of expenses, the inspector may for the purposes of assessment apportion the expenses, but the employer may, on giving notice in writing to the inspector within 21 days after being notified of any such apportionment made by the inspector, appeal against that apportionment to the Appeal Commissioners.

(7) The Appeal Commissioners shall hear and determine an appeal to them under subsection (6) as if it were an appeal to them against an assessment to income tax, and the provisions of the Income Tax Acts 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, with the necessary modifications, apply accordingly.

898 Returns of copies of rates and production of certain valuations. [FA74 s73(1) to (4); CTA76 s147(1) and (2)]

898.—(1) In this section, “rating authority” means—

(a) the corporation of a county or other borough,

(b) the council of a county, or

(c) the council of an urban district.

(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.

(3) The Revenue Commissioners shall pay to any such person the expenses of making all such copies, not exceeding the rate of £1 for every 100 ratings.

(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'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.

CHAPTER 4 Revenue powers

899 Inspector's right to make enquiries. [FA92 s228; FA95 s14(2) (ii)]

899.—(1) In this section, “specified provisions” means paragraphs (d) and (e) of section 888(2), sections 889 and 890, and sections 892 to 894.

(2) An inspector may make such enquiries or take such action within his or her powers as he or she considers necessary to satisfy himself or herself as to the accuracy or otherwise of any return, list, statement or particulars prepared and delivered under a specified provision.

(3) Subsection (2) shall not apply in respect of a return made under section 894 of such matters and particulars as would be required to be contained in a return delivered pursuant to a notice given to a relevant person by the appropriate inspector under section 891 for the chargeable period.

900 Power to require production of accounts and books. [ITA67 s70(3B) and s174; FA76 s3; FA79 s30]

900.—(1) In this section, “authorised officer” means an inspector or other officer of the Revenue Commissioners authorised by them in writing to exercise the powers conferred by this section.

(2) Subject to subsection (3), where any person who has been duly required by an inspector to deliver a statement of the profits or gains arising to that person from any trade or profession fails to deliver the statement, or where the inspector is not satisfied with the statement delivered by that person, an authorised officer may serve on that person a notice in writing or notices in writing requiring that person to do any of the following—

(a) to deliver to an inspector or to the authorised officer copies of such accounts (including balance sheets) relating to the trade or profession 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's certificate;

(b) to make available, within such time as may be specified in the notice, for inspection by an inspector or by an authorised officer, all such books, accounts and documents in that person's possession or power as may be specified or described in the notice, being books, accounts and documents which contain information as to transactions of the trade or profession.

(3) (a) In this subsection, “precedent partner” has the same meaning as in Part 43.

(b) In the case of a partnership carrying on a trade or profession, where a precedent partner who has been duly required by an inspector to deliver a statement of the profits or gains arising to the partnership from any trade or profession fails to deliver the statement, or where the inspector is not satisfied with the statement delivered by the precedent partner, an authorised officer may serve on the precedent partner a notice in writing or notices in writing requiring the precedent partner to do any of the following—

(i) to deliver to an inspector or to the authorised officer copies of such accounts (including balance sheets) relating to the trade or profession 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's certificate;

(ii) to make available, within such time as may be specified in the notice, for inspection by an inspector or by the authorised officer, all such books, accounts and documents in the precedent partner's possession or power or in the possession or power of the partnership as may be specified or described in the notice, being books, accounts and documents which contain information as to transactions of the trade or profession.

(4) 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 section.

901 Power to require delivery of books and papers relating to tax. [ITA67 s539; FA74 s86 and Sch2 PtI; CTA76 s147(1) and (2)]

901.—(1) Any person who has custody or possession of any books or papers relating to income tax or corporation tax shall, within one month next after notice in writing from the Revenue Commissioners requiring that person to do so, deliver such books or papers to the person named in the notice and, if the first-mentioned person fails to do so, that person shall incur a penalty of £50 for every such offence.

(2) The receipt of the person named in the notice shall be a sufficient discharge to the person delivering the books or papers.

902 Power to obtain from certain persons particulars of transactions with and documents concerning tax liability of taxpayer. [FA79 s31; FA92 s238]

902.—(1) (a) In this section—

“authorised officer” means an officer of the Revenue Commissioners authorised by them in writing to exercise the powers conferred by this section;

“business” means any trade, profession or business (other than banking business within the meaning of the Central Bank Act, 1971);

“documents” means those records required to be kept or retained under section 886;

“tax” means income tax or corporation tax.

(b) The persons who may be treated as the taxpayer under this section include a company which has ceased to exist and an individual who has died and, in relation to such an individual, the reference in subsection (2) to the spouse shall be construed as a reference to the widow or widower (the circumstance that she or he may have remarried being immaterial for the purposes of that subsection).

(c) The persons who in relation to a taxpayer are subject to this section shall be any person who is carrying on a business or was doing so at a material time, and any company whether carrying on a business or not.

(2) (a) For the purposes of this subsection, every director of a company shall be taken as being concerned with the management of any business carried on by the company, and a material time shall be any time which in the authorised officer's opinion is or may have been material in the ascertainment of any past or present tax liability of the taxpayer.

(b) Where a person (in this section referred to as “the taxpayer”)—

(i) delivers to an inspector a return or statement of the income, profits or gains arising to the taxpayer from—

(I) any business (past or present) carried on by the taxpayer or his or her spouse, or

(II) any business (past or present) with whose management either of them was concerned at a material time,

and the inspector is not satisfied with the return or statement, or

(ii) fails to deliver such a return or statement which the taxpayer is required to deliver under any provision of the Tax Acts,

the inspector may serve on the taxpayer a notice in writing stating—

(A) that the inspector is not satisfied with the return or statement delivered to him or her or, as the case may be, that such return or statement has not been delivered to the inspector, and

(B) that the inspector has requested an authorised officer to serve notice under this section on persons who in relation to the taxpayer are subject to this section.

(3) Where a notice under subsection (2) has been served on the taxpayer, an authorised officer may, for the purpose of enquiring into the tax liability of the taxpayer, by notice in writing served on any person who in relation to the taxpayer is subject to this section, require that person, within the period stated in the notice or such further period as the authorised officer may allow—

(a) to furnish the authorised officer with particulars of any business transactions which that person had with the taxpayer during a stated period, and

(b) to deliver to the authorised officer or, if the person to whom the notice is given so elects, to make available for inspection by an authorised officer such documents specified or described in the notice as are in that person's possession or power and as, in the first-mentioned officer's opinion, contain or may contain information relevant to any tax liability to which the taxpayer is, may be or may have been subject, or to the amount of any such tax liability.

(4) Nothing in this section shall be construed as requiring a person who is carrying on a profession and on whom a notice under subsection (3) has been served to furnish any particulars relating to a client to an authorised officer, or to deliver to, or make available for inspection by, an authorised officer any documents relating to a client, other than such particulars or documents—

(a) as pertain to the payment of fees or to other financial transactions, or

(b) as are otherwise material to the tax liability of the client,

and in particular such person shall not be required to disclose any information or professional advice of a confidential nature given to a client.

(5) Where a person fails to comply with a requirement duly made on the person under subsection (3) within the period stated in the notice containing the requirement or within such further period as may be allowed by the authorised officer concerned, the person shall be liable to a penalty of £1,000.

(6) Where documents are to be delivered to an authorised officer pursuant to a requirement duly made under subsection (3), copies of such documents may be delivered instead of the originals; but—

(a) the copies shall be photographic or otherwise by means of facsimile, and

(b) if so required by the authorised officer, the originals shall be made available for inspection by an authorised officer, failure to comply with this provision being treated as failure to comply with the requirement.

(7) An authorised officer may examine any documents furnished or made available for inspection under this section and may take copies of or extracts from them or retain them for the purposes of any legal proceedings instituted by an officer of the Revenue Commissioners or for the purposes of any criminal proceedings.

(8) When exercising any powers conferred by this section, an authorised officer shall if so requested by any person affected produce to that person a certificate of the Revenue Commissioners authorising him or her to exercise the powers conferred by this section.

903 Power of inspection: PAYE. [ITA67 s127A; FA92 s233]

903.—(1) In this section—

“authorised officer” means an officer of the Revenue Commissioners authorised by them in writing to exercise the powers conferred by this section;

“emoluments”, “employer” and “tax deduction card” have the same meanings respectively as in Chapter 4 of Part 42;

“records” means any personnel records relating to the payment of emoluments or the provision of benefits in kind or perquisites, payroll files, wages sheets, certificates of tax-free allowances, tax deduction cards, certificates issued in accordance with regulation 22 of the Income Tax (Employment) Regulations, 1960 (S.I. No. 28 of 1960), including any data (within the meaning of section 912) stored by any means approved under section 887 or by any other means or any other information or documents which the authorised officer may reasonably require.

(2) An authorised officer may at all reasonable times enter any premises or place where the authorised officer has reason to believe that—

(a) an employer is or has been carrying on any activity as an employer,

(b) any person is or was either paying emoluments or providing benefits in kind or perquisites,

(c) any person is or was in receipt of emoluments, benefits in kind or perquisites, or

(d) records are or may be kept,

and the authorised officer—