Finance Act 2010

• “(2A) For the purposes of subsection (2) (other than in the case of an inheritance to which section 15 or 20 applies), where the relevant date occurs—

  • (a) in the period from 1 January to 31 August in any year, tax shall be paid and a return shall be delivered on or before 31 October in that year, and

  • (b) in the period from 1 September to 31 December in any year, tax shall be paid and a return shall be delivered on or before 31 October in the following year.

• (2B) Subsection (2A) shall only apply as respects tax to be paid and returns to be delivered as respects valuation dates arising on or after such day as may be appointed by order of the Commissioners.”,

• (g) in section 46 by substituting the following for subsection (3):

• “(3) Subsection (2)(c) (other than in respect of tax arising by reason of section 20) shall be complied with, where the tax due and payable is inheritance tax which is being paid wholly or partly by the transfer of securities to the Minister for Finance under section 56, by—

  • (a) making an application to the Commissioners to pay all or part of the tax by such transfer,

  • (b) completing the transfer of the securities to the Minister for Finance within such time, not being less than 30 days, as may be specified by the Commissioners by notice in writing, and

  • (c) duly paying the excess, if any, of the amount of tax referred to in subsection (2)(b) over the nominal face value of the securities tendered in payment of the tax in accordance with paragraph (a).

• (3A) A return to be delivered in accordance with subsection (2A) shall only be delivered in accordance with the provisions of Chapter 6 of Part 38 of the Taxes Consolidation Act 1997 except where a relief or an exemption (other than the exemption referred to in section 69) is not being claimed by a person under this Act and the interest taken by a person in property is an absolute interest which is not subject to any conditions or restrictions.”,

• (h) by deleting section 46(6),

• (i) in section 46(13) by substituting “the Commissioners may by notice in writing require a disponer to deliver to them within such time, not being less than 30 days, as may be specified in the notice,” for “any accountable person who is a disponer shall within 4 months of the valuation date deliver to the Commissioners”,

• (j) by deleting section 47(4)(a)(ii),

• (k) in section 48 by substituting the following for subsection (1):

• “(1) In this section—

‘Inland Revenue Affidavit’ means the document, completed by or on behalf of the intended applicant or intended applicants for probate or letters of administration and sworn by them before a commissioner for oaths, a practicing solicitor or a court clerk, as the case may be;

‘Probate Office’ includes a district probate registry.”,

• (l) in section 48 by inserting the following after subsection (4):

• “(5) Except where submitted in accordance with regulations made under subsection (8), the Inland Revenue Affidavit and the statements, accounts and additional affidavits referred to in subsections (2) to (4) shall be submitted to the Probate Office in duplicate.

• (6) As soon as practicable after probate or letters of administration has or have been issued, the Probate Office shall transmit to the Commissioners such information as is held in electronic form by the Probate Office and which is relevant for the purposes of this Act.

• (7) Except where submitted in accordance with regulations made under subsection (8), the Probate Office shall send one copy of the Inland Revenue Affidavit referred to in subsection (5) together with a copy of the will (if any) to the Commissioners as soon as practicable after probate or letters of administration has or have been issued.

• (8)

  • (a) Subject to paragraph (b), the Commissioners shall make regulations permitting the submission to the Probate Office of the Inland Revenue Affidavit, and the other documents referred to in subsections (2) to (4), by simultaneous transmission of these documents in electronic form to that Office and to the Commissioners.

  • (b) Regulations under this subsection shall only be made by the Commissioners where they are satisfied that both the Probate Office and the Commissioners have the technical competence and ability to continue to perform their respective functions concerned if the regulations are made.

  • (c) Regulations under this subsection may contain such incidental and supplementary matters as appears necessary or appropriate to the Commissioners for the purpose of giving effect to this subsection.

• (9) The Commissioners and the Probate Office shall both have access to the affidavits and documents that have been transmitted electronically under subsection (8).

• (10) Where—

  • (a) property passing under the deceased person’s will or intestacy or Part IX or section 56 of the Succession Act 1965, or otherwise as a result of the death of that person, is taken by a person or persons who is or are not resident in the State,

  • (b) the market value of the property referred to in paragraph (a) taken by any person referred to in that paragraph exceeds €20,000,

  • (c) the intended applicant or all the intended applicants, where there is more than one intended applicant, for probate or letters of administration is or are resident outside the State, and

  • (d) a return would be required to be delivered to the Commissioners in respect of such property in accordance with section 46(2) if the valuation date in respect of that property were the date of death of that person,

  then, the intended applicant or the intended applicants, as the case may be, for probate or letters of administration shall appoint a solicitor who is lawfully practicing in the State to act in connection with the administration of the deceased person’s estate.

• (11) The Probate Office shall not issue probate or letters of administration in respect of a deceased person’s estate in any case to which subsection (10) applies unless a solicitor lawfully practicing in the State has been appointed by the intended applicant or the intended applicants to act in connection with the administration of the deceased person’s estate.”,

• (m) by inserting the following after section 49(1):

• “(1A) The Commissioners may issue an assessment to a person referred to in section 45(1) where a return has not been delivered to them under section 46(2).”,

• (n) in section 51 by substituting the following for subsection (2)(a):

• “(a) Simple interest is payable, without deduction of income tax, on the tax where the relevant date (within the meaning of section 46(5)) occurs—

  • (i) in the period from 1 January to 31 August in any year, from 1 November in that year to the date of payment of that tax, and

  • (ii) in the period 1 September to 31 December in any year, from 1 November in the following year to the date of payment of that tax,

  and the amount of that interest shall be determined in accordance with paragraph (c).”,

• (o) in section 51 by substituting the following for subsection (4):

• “(4) Where tax and interest, if any, on that tax is paid within 30 days of an assessment of tax made by the Commissioners in accordance with section 49, interest shall not run on that tax for the period of 30 days from the date of that assessment or for any part of that period.”,

• (p) by inserting the following after section 53:

“Surcharge for late returns.

53A.— (1) In this section ‘specified return date’ means—

• (a) in relation to a valuation date occurring in the period 1 January to 31 August in any year, 31 October in that year, and

• (b) in relation to a valuation date occurring in the period 1 September to 31 December in any year, 31 October in the following year.

• (2) For the purposes of this section—

  • (a) where a person fraudulently or negligently delivers an incorrect return on or before the specified return date, that person shall be deemed to have failed to have delivered the return on or before that date unless the error in the return is remedied on or before that date,

  • (b) where a person delivers an incorrect return on or before the specified return date, but does so neither fraudulently nor negligently and it comes to that person’s notice (or, if he or she has died, to the notice of his or her personal representative) that it is incorrect, the person shall be deemed to have failed to have delivered the return on or before the specified return date unless the error in the return is remedied without unreasonable delay, and

  • (c) where a person delivers a return on or before the specified return date, but the Commissioners, by reason of being dissatisfied with any information contained in the return, require that person, by notice in writing served on him or her under section 46(7), to deliver such statement or evidence as may be required by them, the person shall be deemed not to have delivered the return on or before the specified return date unless the person delivers the statement or evidence within the time specified in the notice.

• (3) Where a person fails to deliver a return on or before the specified return date, any amount of tax which would have been payable if such a return had been delivered shall be increased by an amount (in this section referred to as ‘the surcharge’) equal to—

  • (a) 5 per cent of the amount of tax, subject to a maximum increased amount of €12,695, where the return is delivered before the expiry of 2 months from the specified return date, and

  • (b) 10 per cent of the amount of tax, subject to a maximum increased amount of €63,485, where the return is not delivered before the expiry of 2 months from the specified return date.

• (4) If the assessment to tax made on a return is not the amount of tax as increased in accordance with subsection (3), then, the provisions of this Act and Part 42 of the Taxes Consolidation Act 1997 shall apply as if the tax contained in the assessment were the amount of tax as so increased.”,

• (q) in section 54(1) by substituting “monthly instalments over a period not exceeding 5 years in such manner as may be determined by the Commissioners, the first of which is due on 31 October immediately following the valuation date” for “5 equal yearly instalments, the first of which is due at the expiration of 12 months from the date on which the tax became due and payable”,

• (r) by deleting sections 60, 61, 63(4) and 108, and

• (s) in section 109(2) by substituting “€50,000” for “€31,750”.

• (2) The Taxes Consolidation Act 1997 is amended—

• (a) by inserting the following after section 951(1):

• “(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.”,

• (b) in section 980 by inserting the following after subsection (15):

• “(16) In the case of a disposal to which this section applies, the person making the disposal shall provide details (if applicable) on application, if the form on which the application is made so requires, for a certificate referred to in subsection (8) relating to—

  • (a) whether or not the asset being disposed of was acquired by way of gift or inheritance,

  • (b) the market value of the asset on the date it was acquired, and

  • (c) whether or not gift tax or inheritance tax was paid in respect of the asset.”.

• (3) The provisions of sections 45, 60 and 63(4) of the Principal Act as they applied any time before the passing of this Act, or any corresponding provision in a previous enactment, shall not apply to gifts and inheritances taken before the date of the passing of this Act except where the Revenue Commissioners have instituted proceedings to recover gift tax or inheritance tax before that date.

• (4)
• (a) This section (other than paragraphs (e)(ii), (k), (l), (n) and (o) of subsection (1)) applies on and from the date of the passing of this Act.

• (b) Paragraphs (e)(ii), (k), (l), (n) and (o) of subsection (1) apply on and from the date the Revenue Commissioners make the order referred to in section 46(2B) of the Principal Act.

PART 7 Miscellaneous

148. Interpretation (Part 7).

148.— In this Part “Principal Act” means the Taxes Consolidation Act 1997.

149. Amendment of Part 33 (anti-avoidance) of Principal Act.

149.— (1) Part 33 of the Principal Act is amended by inserting the following after Chapter 2:

“Chapter 3

Mandatory Disclosure of Certain Transactions

Interpretation and general (Chapter 3).

817D.— (1) In this Chapter, unless the context otherwise requires—

‘ the Acts ’ means—

• (a) the Tax Acts,

• (b) the Capital Gains Tax Acts,

• (c) Part 18A,

• (d) the Value-Added Tax Act 1972, and the enactments amending or extending that Act,

• (e) the Capital Acquisitions Tax Consolidation Act 2003, and the enactments amending or extending that Act,

• (f) the Stamp Duties Consolidation Act 1999, and the enactments amending or extending that Act,

• (g) the statutes relating to the duties of excise and to the management of those duties,

and any instruments made thereunder and any instruments made under any other enactment relating to tax;

‘ disclosable transaction ’ means—

• (a) any transaction, or

• (b) any proposal for any transaction,

which—

- (i) falls within any specified description,

- (ii) enables, or might be expected to enable, any person to obtain a tax advantage, and

- (iii) is such that the main benefit, or one of the main benefits, that might be expected to arise from the transaction or the proposal is the obtaining of that tax advantage,

  whether the transaction or the proposal for the transaction relates to a particular person or to any person who may seek to take advantage of it;

  ‘marketer’, in relation to any disclosable transaction, means any person who is not a promoter but who has made a marketing contact in relation to the disclosable transaction;

  ‘marketing contact’, in relation to a disclosable transaction, means the communication by a person of the general nature of the disclosable transaction to another person with a view to that person or any other person considering whether—

• (a) to ask for further details of the disclosable transaction, or

• (b) to seek to have the disclosable transaction made available for implementation,

and ‘ makes a marketing contact ’ shall be construed accordingly;

‘ PPS Number ’, in relation to an individual, means the individual’s personal public service number, within the meaning of section 262 of the Social Welfare Consolidation Act 2005;

‘ promoter ’, in relation to a disclosable transaction, means a person who in the course of a relevant business—

• (a) is to any extent responsible for the design of the disclosable transaction,

• (b) has specified information relating to the disclosable transaction and makes a marketing contact in relation to the disclosable transaction,

• (c) makes the disclosable transaction available for implementation by other persons, or

• (d) is to any extent responsible for the organisation or management of the disclosable transaction;

‘relevant business’ means any trade, profession, vocation or business which—

• (a) includes the provision to other persons of services relating to taxation, or

• (b) is carried on by a bank (within the meaning of section 124(1)(a) of the Stamp Duties Consolidation Act 1999),

and for the purposes of this definition—

- (i) anything done by a company is to be taken to be done in the course of a relevant business if it is done for the purposes of a relevant business referred to in paragraph (*b*) carried on by another company, where both companies are members of the same group, and

- (ii) ‘group’ has the meaning that would be given by section 616 if in that section references to residence in a relevant Member State were omitted and for references to ‘75 per cent subsidiaries’ there were substituted references to ‘51 per cent subsidiaries’, and references to a company being a member of a group shall be construed accordingly;

  ‘relevant date’, in relation to a disclosable transaction, means the earliest of the following dates—

• (a) the date on which the promoter has specified information relating to the disclosable transaction and first makes a marketing contact in relation to the disclosable transaction,

• (b) the date on which the promoter makes the disclosable transaction available for implementation by any other person, or

• (c) the date on which the promoter first becomes aware of any transaction forming part of the disclosable transaction having been implemented;

‘specified description’ has the meaning assigned to it by subsection (2);

‘specified information’ means any information specified in regulations made under section 817Q;

‘ specified period ’ means the period of time, or time, specified in regulations made under section 817Q;

‘tax’ means any tax, duty, levy or charge which, in accordance with the Acts, is placed under the care and management of the Revenue Commissioners;

‘tax advantage’ means—

• (a) relief or increased relief from, or a reduction, avoidance or deferral of, any assessment, charge or liability to tax, including any potential or prospective assessment, charge or liability,

• (b) a refund or repayment of, or a payment of, an amount of tax, or an increase in an amount of tax refundable, repayable or otherwise payable to a person, including any potential or prospective amount so refundable, repayable or payable, or an advancement of any refund or repayment of, or payment of, an amount of tax to a person, or

• (c) the avoidance of any obligation to deduct or account for tax,

arising out of or by reason of a transaction, including a transaction where another transaction would not have been undertaken or arranged to achieve the results, or any part of the results, achieved or intended to be achieved by the transaction;

‘tax reference number’, in relation to a person, means—

• (a) in the case of a person who is an individual, the individual’s PPS Number, and

• (b) in any other case—

  • (i) the reference number stated in any return of income form or notice of assessment issued to the person by the Revenue Commissioners, or

  • (ii) the registration number of the person for the purposes of value-added tax;

  ‘transaction’ means—

• (a) any transaction, action, course of action, course of conduct, scheme or plan,

• (b) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable or intended to be enforceable by legal proceedings, and

• (c) any series of or combination of the circumstances referred to in paragraphs (a) and (b),

whether entered into or arranged by one person or by two or more persons—

- (i) whether acting in concert or not,

- (ii) whether or not entered into or arranged wholly or partly outside the State, or

- (iii) whether or not entered into or arranged as part of a larger transaction or in conjunction with any other transaction or transactions,

  and any proposal for any transaction shall be construed accordingly.

• (2)

  • (a) For the purposes of this Chapter, unless the context otherwise requires, a reference to a specified description shall be construed as a reference to a class or classes of transaction which are specified in regulations made under section 817Q.

  • (b) A class of transaction referred to in paragraph (a) and which is specified in regulations made under section 817Q shall fall within at least one of the categories of transaction referred to in paragraph (c).

  • (c) The categories of transaction referred to in paragraph (b) are as follows:

    • (i) a transaction where, but for the provisions of this Chapter, a promoter or person would, or might reasonably be expected to, wish to keep the transaction or any element of the transaction (including the way in which the transaction is structured) which gives rise to the tax advantage expected to be obtained, confidential from—

      • (I) the Revenue Commissioners, or

      • (II) any other class of person prescribed under section 817Q for the purposes of this subparagraph,

      for any purpose prescribed by regulations made under section 817Q;

    • (ii) a transaction in relation to which a promoter, whether directly or indirectly, obtains from or charges to, or might reasonably be expected to obtain from or charge to, a person implementing, or considering implementing, such transaction, fees that are to a significant extent attributable to, or to any extent contingent upon, the obtaining of a tax advantage;

    • (iii) a transaction which involves standardised or mainly standardised documentation, the form of which is largely determined by the promoter and which require the person implementing the transaction to enter into a specific transaction, or series of transactions, that are standardised, or substantially standardised, in form;

    • (iv) a transaction, or any element of such transaction (including the way in which the transaction is structured), which gives rise to a tax advantage of a class or classes prescribed in regulations made under section 817Q for the purposes of this subparagraph.

    Duties of promoter.

    817E.— Subject to this Chapter, a promoter shall, within the specified period after the relevant date, provide the Revenue Commissioners with specified information relating to any disclosable transaction.

    Duty of person where promoter is outside the State.

    817F.— Any person who enters into any transaction forming part of any disclosable transaction in relation to which—

  • (a) a promoter is outside the State, and

  • (b) no promoter is in the State,

  shall, within the specified period after so doing, provide the Revenue Commissioners with specified information relating to the disclosable transaction.

  Duty of person where there is no promoter.

  817G.— Any person who enters into any transaction forming part of a disclosable transaction as respects which neither that person nor any other person in the State has an obligation to comply with section 817E or 817F shall within the specified period after so doing provide the Revenue Commissioners with specified information relating to the disclosable transaction.

  Duty of person where legal professional privilege claimed.

  817H.— (1) Any person who enters into a transaction forming part of a disclosable transaction as respects which the promoter, by virtue of section 817J, does not comply with section 817E, shall within the specified period concerned after entering such transaction, provide the Revenue Commissioners with specified information relating to the disclosable transaction.

• (2) A promoter who by virtue of section 817J does not comply with section 817E shall inform each person to whom the promoter has made the disclosable transaction available for implementation of the obligations placed on that person by virtue of subsection (1).

• (3) A promoter who by virtue of section 817J does not comply with section 817E shall inform the Revenue Commissioners accordingly within the specified period.

Pre-disclosure enquiry.

817I.— (1) Where the Revenue Commissioners have reasonable grounds for believing that—

- (*a*) a person is the promoter of a transaction that may be a disclosable transaction, or

- (*b*) a person has entered into a transaction that may form part of a disclosable transaction, which if it were such a transaction would require the person to comply with section 817G,

  the Commissioners may by written notice (in this Chapter referred to as a ‘ pre-disclosure enquiry ’) require the person to state—

    - (i) whether, in that person’s opinion, the transaction is a disclosable transaction, and

    - (ii) if in that person’s opinion the transaction is not considered to be a disclosable transaction, the reasons for that opinion.

• (2) A notice under subsection (1) shall specify the transaction to which it relates.

• (3) The reasons referred to in subsection (1)(ii) (in this Chapter referred to as a ‘statement of reasons’) shall demonstrate, by reference to this Chapter and regulations made under it, why the person holds the opinion that the transaction is not a disclosable transaction and, in particular, if the person asserts that the transaction does not fall within any specified description, the reasons shall provide sufficient information to enable the Revenue Commissioners to affirm the assertion.

• (4) For the purposes of this section, it is not sufficient for the person to state that they have received an opinion given by a barrister or solicitor or a person referred to in subparagraph (i) or (ii) of section 817P(5)(a) to the effect that the transaction is not a disclosable transaction.

• (5) A person to whom the Revenue Commissioners have issued a notice under subsection (1) shall comply with the notice within the period of time specified in the notice, not being less than 21 days from the date of the notice, or such longer period as the Commissioners may agree.

Legal professional privilege.

817J.— Nothing in this Chapter shall be construed as requiring a promoter to disclose to the Revenue Commissioners information with respect to which a claim to legal professional privilege could be maintained by that promoter in legal proceedings.

Supplemental information.

817K.— (1) Where a person has provided the Revenue Commissioners with information in purported compliance with section 817E, 817F, 817G or 817H(1) and the Commissioners have reasonable grounds for believing that the person has not provided all of the specified information, the Commissioners may by notice in writing require the person to provide the information, specified in the notice, that the Commissioners have reasonable grounds for believing form part of the specified information.

• (2) Where a person has provided the Revenue Commissioners with specified information in compliance with section 817E, 817F, 817G or 817H(1) the Commissioners may by notice in writing require the person to provide such other information about, or documents relating to, the disclosable transaction, as the Commissioners may reasonably require in support of or in explanation of the specified information.

• (3) A person to whom the Revenue Commissioners have issued a notice under subsection (1) or (2) shall comply with the notice within the period of time specified in the notice, not being less than 21 days from the date of the notice, or such longer period as the Commissioners may agree.

Duty of marketer to disclose.

817L.— (1) Where the Revenue Commissioners have reason to believe that a person is a marketer in relation to a transaction that may be a disclosable transaction, the Commissioners may by written notice require the person to provide the Commissioners with the name, address and, where known to the person, the tax reference number of each person who has provided that person with any information in relation to the transaction.

• (2) A notice under subsection (1) shall specify the transaction to which it relates.

• (3) A person to whom the Revenue Commissioners have issued a notice under subsection (1) shall comply with the notice within the period of time specified in the notice, not being less than 21 days from the date of the notice or such longer period as the Commissioners may agree.

Duty of promoter to provide client list.

817M.— A person who is a promoter shall, in relation to each disclosable transaction in respect of which specified information has been provided by that promoter under section 817E, provide to the Revenue Commissioners—

- (*a*) within the period of time set out in regulations made under section 817Q, and

- (*b*) at such times falling after the end of that period as may be set out in those regulations,

  the name, address and, where known to the person, the tax reference number of each person to whom that person has made the disclosable transaction available for implementation (in this Chapter referred to as the ‘ client list ’).

  Supplemental matters.

  817N.— (1) Where a promoter provides the Revenue Commissioners with specified information relating to a disclosable transaction and the client list in respect of that disclosable transaction, the provision of that information shall, as respects any person included on the client list who implements the transaction, be wholly without prejudice as to whether any opinion that the disclosable transaction concerned was a tax avoidance transaction, if such an opinion were to be formed by the Revenue Commissioners, would be correct.

• (2) Where a person, other than a promoter, provides the Revenue Commissioners with specified information relating to a disclosable transaction the person shall be treated as making that information available wholly without prejudice as to whether any opinion that the disclosable transaction concerned was a tax avoidance transaction, if such an opinion were to be formed by the Revenue Commissioners, would be correct.

• (3) Where a person provides the Revenue Commissioners with specified information relating to a disclosable transaction, the provision of that information shall not be regarded as being, or being equivalent to, the delivery of a protective notification by that person in relation to the transaction for the purposes of section 811A.

• (4) Nothing in this Chapter shall be construed as preventing the Revenue Commissioners from—

  • (a) making any enquiry, or

  • (b) taking any action,

  at any time in connection with section 811 or 811A.

  Penalties.

  817O.— (1) A person who fails to comply with any of the obligations imposed on that person by this Chapter and any regulations made under it shall—

  • (a) where the failure relates to the obligation imposed on a person under section 817H(2), 817H(3), 817I, 817K(1), 817K(2), 817L or 817M, be liable to—

    • (i) a penalty not exceeding €4,000, and

    • (ii) if the failure continues after a penalty is imposed under subparagraph (i) to a further penalty of €100 per day for each day on which the failure continues after the day on which the penalty is imposed under that subparagraph,

    and

  • (b) where the failure relates to the obligation imposed on a person under section 817E, 817F, 817G or 817H(1), be liable to—

    • (i) a penalty not exceeding €500 for each day during the initial period, and

    • (ii) if the failure continues after a penalty is imposed under subparagraph (i) to a further penalty of €500 per day for each day on which the failure continues after the day on which the penalty is imposed under that subparagraph.

• (2) In subsection (1)(b)—

‘ the initial period ’ means the period—

- (*a*) beginning on the relevant day, and

- (*b*) ending on the day on which an application referred to in subsection (3) is made;

  ‘ relevant day ’ means the first day after the specified period.

• (3)

  • (a) Notwithstanding section 1077B, the Revenue Commissioners shall, in relation to a failure referred to in subsection (1), make an application to the relevant court for that court to determine whether the person named in the application has failed to comply with the obligation imposed on that person by a section referred to in subsection (1)(a) or (b), as the case may be.

  • (b) In paragraph (a) ‘relevant court’ means the District Court, the Circuit Court or the High Court, as appropriate, by reference to the jurisdictional limits for civil matters laid down in the Courts of Justice Act 1924, as amended, and the Courts (Supplemental Provisions) Act 1961, as amended.

• (4) A copy of any application under subsection (3) shall be issued to the person to whom the application relates.

• (5) The relevant court shall determine whether the person named in the application referred to in subsection (3) is liable to the penalty provided for in subsection (1) and the amount of that penalty, and in determining the amount of the penalty the court shall have regard to paragraph (a) or (b) of subsection (6), as the case may be.

• (6) In determining the amount of a penalty under subsection (5) the court shall have regard—

  • (a) in the case of a person who is a promoter, to the amount of any fees received, or likely to have been received, by the person in connection with the disclosable transaction, and

  • (b) in any other case, to the amount of any tax advantage gained, or sought to be gained, by the person from the disclosable transaction.

• (7) Section 1077C shall apply for the purposes of a penalty under subsection (1).

• (8) Section 1077D shall not apply for the purposes of a penalty under subsection (1).

Appeal Commissioners.

817P.— (1) The Revenue Commissioners may, by notice in writing, make an application to the Appeal Commissioners for a determination in relation to any of the following matters—

- (*a*) requiring information or documents to be made available by a person in support of a statement of reasons (to the effect that a transaction is not a disclosable transaction) given by that person to the Revenue Commissioners in compliance with a notice under section 817I,

- (*b*) requiring information, that the Revenue Commissioners have reasonable grounds for believing forms part of the specified information relating to a disclosable transaction, to be made available by a person to the Revenue Commissioners, following the failure of the person to comply with a notice under section 817K(1),

- (*c*) requiring information about, or documents relating to, a disclosable transaction to be made available by a person to the Revenue Commissioners, following the failure of the person to comply with a notice under section 817K(2),

- (*d*) that a transaction is to be treated as a disclosable transaction, or

- (*e*) that a transaction is a disclosable transaction.

• (2) On the hearing of an application made—

  • (a) on the grounds referred to in subsection (1)(a), the Appeal Commissioners shall determine the application by ordering if they—

    • (i) consider that the information or documents should be so made available, that the information or documents should be so made available,

    • (ii) consider that the information or documents should not be so made available, that the information or documents should not be so made available,

  • (b) on the grounds referred to in subsection (1)(b), the Appeal Commissioners shall determine the application by ordering if they—

    • (i) consider that the Revenue Commissioners have reasonable grounds for so believing, that the information be so made available to the Revenue Commissioners,

    • (ii) consider that the Revenue Commissioners do not have reasonable grounds for so believing, that the information not be made available to the Revenue Commissioners,

  • (c) on the grounds referred to in subsection (1)(c), the Appeal Commissioners shall determine the application by ordering if they—

    • (i) consider that the information or documents (or, as the case may be, a part of that information or some of those documents) should be so made available, that the information or documents (or, as the case may be, a part of that information or some of those documents) should be so made available,

    • (ii) consider that the information or documents should not be so made available, that the information or documents should not be so made available,

  • (d) on the grounds referred to in subsection (1)(d), the Appeal Commissioners shall determine the application by ordering if they—

    • (i) are satisfied that the Revenue Commissioners have taken all reasonable steps to establish whether the transaction is a disclosable transaction and have reasonable grounds for believing that the transaction may be disclosable, that the transaction is to be treated as a disclosable transaction,

    • (ii) are not satisfied that the Revenue Commissioners have taken all reasonable steps to establish whether the transaction is a disclosable transaction or have reasonable grounds for believing that the transaction may be disclosable, that the transaction is not to be treated as a disclosable transaction,

  • (e) on the grounds referred to in subsection (1)(e), the Appeal Commissioners shall determine the application by ordering if they—

    • (i) are satisfied that the transaction is a disclosable transaction, that it is a disclosable transaction,

    • (ii) are satisfied that the transaction is not a disclosable transaction, that it is not a disclosable transaction.

• (3) For the purposes of the hearing of an application made on the grounds referred to in subsection (1)(d)—

  • (a) reasonable steps may (but need not) include the making of a pre-disclosure enquiry or the making of an application by the Revenue Commissioners on the grounds referred to in subsection (1)(a), and

  • (b) reasonable grounds for believing may include—

    • (i) the fact that the transaction falls within a specified description,

    • (ii) an attempt by the promoter to avoid or delay providing information or documents about the transaction on foot of a pre-disclosure enquiry or on foot of a determination of the Appeal Commissioners following the making of an application by the Revenue Commissioners on the grounds referred to in subsection (1)(a),

    • (iii) the failure of the promoter to comply with a pre-disclosure enquiry or a determination of the Appeal Commissioners following the making of an application by the Revenue Commissioners on the grounds referred to in subsection (1)(a), in relation to another transaction.

• (4) An application under subsection (1) shall, with any necessary modifications, be heard by the Appeal Commissioners as if it were an appeal against an assessment to income tax.

• (5)

  • (a) On any application, the Appeal Commissioners shall permit any barrister or solicitor to plead before them on behalf of the Revenue Commissioners or the other party either orally or in writing and shall hear—

    • (i) any accountant, being any person who has been admitted a member of an incorporated society of accountants, or

    • (ii) any person who has been admitted a member of the Irish Taxation Institute.

  • (b) Notwithstanding paragraph (a), the Appeal Commissioners may permit any other person representing the Revenue Commissioners or the other party to plead before them where they are satisfied that such permission should be given.

  Regulations (Chapter 3).

  817Q.— (1) The Revenue Commissioners may, with the consent of the Minister for Finance, make regulations—

  • (a) specifying a class or classes of transaction which are to be transactions of a specified description for the purposes of this Chapter,

  • (b) prescribing a class of persons referred to in section 817D(2)(c)(i),

  • (c) prescribing a purpose referred to in section 817D(2)(c)(i),

  • (d) prescribing a class or classes of tax advantage for the purposes of section 817D(2)(c)(iv),

  • (e) specifying the information to be provided to the Revenue Commissioners by a person in relation to a disclosable transaction (in this Chapter referred to as the ‘specified information’),

  • (f) specifying the period of time within which, or time by which, as the case may be, the information referred to in paragraph (e) shall be provided to the Revenue Commissioners (in this Chapter referred to as the ‘ specified period ’),

  • (g) specifying the period of time within which, or time by which, as the case may be, any other information required to be provided to the Revenue Commissioners under this Chapter, is to be provided,

  • (h) specifying the circumstances in which a person is not to be treated as a promoter in relation to a disclosable transaction, and

  • (i) specifying the procedure to be adopted in giving effect to this Chapter, in so far as such procedure is not otherwise provided for, and providing generally as to the administration of this Chapter including—

    • (i) the form and manner of delivery of information to be provided under the regulations, and

    • (ii) such supplemental and incidental matters as appear to the Revenue Commissioners to be necessary.

• (2)

  • (a) In relation to regulations made pursuant to subsection (1)(a), the regulations may specify the circumstances in which the regulations—

    • (i) shall apply, or

    • (ii) shall not apply,

    to a particular class of transaction.

  • (b) The circumstances referred to in paragraph (a) shall be specified by reference to the categories of transaction referred to in section 817D(2)(c).

• (3) Every regulation made under this section shall be laid before Dáil Éireann as soon as may be after it is made and, if a resolution annulling the regulation is passed by Dáil Éireann within the next 21 days on which Dáil Éireann 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.

Nomination of Revenue Officers.

817R.— The Revenue Commissioners may nominate any of their officers to perform any acts and discharge any functions authorised by this Chapter and regulations made under it to be performed or discharged by the Revenue Commissioners, and references in this Chapter to the Revenue Commissioners shall with any necessary modifications be construed as including references to an officer so appointed.”.

• (2)
• (a) In this subsection, “disclosable transaction”, “promoter” and “relevant date” have the same meaning as in Chapter 3 of Part 33 of the Principal Act, as inserted by subsection (1).

• (b) Subsection (1) shall apply—

• (i) to a promoter in the case of—

• (I) any disclosable transaction in respect of which the relevant date falls on or after the date of the passing of this Act, and

• (II) any disclosable transaction in respect of which the relevant date falls on or after the date of the passing of this Act (where that relevant date is determined on the basis of whichever of the dates referred to in the definition of “relevant date” in section 817D(1) of the Principal Act, is the earliest of such dates falling on or after the date of the passing of this Act),

and

• (ii) to a person referred to in sections 817F, 817G and 817H(1) of the Principal Act who enters into any transaction forming part of a disclosable transaction where the whole of the disclosable transaction is undertaken on or after the date of the passing of this Act.

150. Domicile levy.

150.— (1) The Principal Act is amended by inserting the following Part after Part 18B:

“PART 18C

Domicile Levy

Interpretation (Part 18C).

531AA.— (1) In this Part—

‘close company ’ has the meaning assigned to it by section 430;

‘discretionary trust’ means any disposition whereby, or by virtue or in consequence of which, property is held on trust to apply, or with a power to apply, the income or capital or part of the income or capital of the property for the benefit of any person or persons or of any one or more of a number or of a class of persons whether at the discretion of trustees or any other person and notwithstanding that there may be a power to accumulate all or any part of the income and for the purposes of this definition ‘disposition’ includes any disposition whether by deed or otherwise and any covenant, agreement or arrangement whether effected with or without writing;

‘domicile levy’ has the meaning assigned to it by section 531AB;

‘final decision’ means a decision against which no appeal lies or against which an appeal lies within a period which has expired without an appeal having been brought;

‘foundation’ means any legal entity, wherever established, to which an individual disposes of, or transfers, property, irrespective of—

• (a) how that entity is described in the place of establishment, and

• (b) the name by which that entity is called in the place of establishment;

‘holding company’ and ‘subsidiary’ have the same meanings as in section 155 of the Companies Act 1963;

‘ Irish property ’, in relation to an individual and a valuation date, means all property, situate in the State, to which the individual is beneficially entitled in possession on the valuation date, but does not include—

• (a) shares in a company which exists wholly or mainly for the purpose of carrying on a trade or trades,

• (b) shares in a holding company which derive the greater part of their value from subsidiaries which wholly or mainly carry on a trade or trades;

‘liability to income tax’, in relation to an individual and a tax year, means the amount of income tax due and payable by the individual for the tax year in accordance with the Tax Acts and in respect of which a final decision has been made;

‘ market value ’, in relation to property, means the price which such property would fetch if sold on the open market on the valuation date in such manner and subject to such conditions as might reasonably be calculated to obtain for the vendor the best price for the property;

‘minor child’ means a child who has not attained the age of 18 years and is not and has not been married;

‘property’ includes rights and interests of every description;

‘relevant individual’, in relation to a tax year, means an individual—

• (a) who is domiciled in, and is a citizen of, the State in the tax year,

• (b) whose world-wide income for the tax year is more than €1,000,000,

• (c) whose liability to income tax in the State for the tax year is less than €200,000, and

• (d) the market value of whose Irish property on the valuation date in the tax year is in excess of €5,000,000;

‘return’ means such a return as is referred to in section 531AF;

‘tax year’ means a year of assessment for income tax purposes;

‘world-wide income’, in relation to an individual, means the individual’s income, without regard to any amount deductible from or deductible in computing total income, from all sources as estimated in accordance with the Tax Acts and as if any provision of those Acts providing for any income, profits or gains to be exempt from income tax or to be disregarded or not reckoned for the purposes of income tax or of those Acts were never enacted, and—

• (a) without regard to any deduction—

  • (i) in respect of double rent allowance under section 324(2), 333(2), 345(3) or 354(3),

  • (ii) under section 372AP, in computing the amount of a surplus or deficiency in respect of rent from any premises,

  • (iii) under section 372AU, in computing the amount of a surplus or deficiency in respect of rent from any premises,

  • (iv) under section 847A, in respect of a relevant donation (within the meaning of that section),

  • (v) under section 848A, in respect of a relevant donation (within the meaning of that section),

  and

• (b) having regard to a deduction for—

  • (i) any payment to which section 1025 applies made by an individual pursuant to a maintenance arrangement (within the meaning of that section) relating to the marriage for the benefit of the other party to the marriage, unless section 1026 applies in respect of such payment, or

  • (ii) a payment of a similar nature to a payment referred to in subparagraph (i) pursuant to a maintenance arrangement (within the meaning of section 1025) relating to the marriage for the benefit of the other party to the marriage which attracts substantially the same tax treatment as such a payment,

  determined on the basis that the individual, if not otherwise resident in the State for the year, was resident in the State for the tax year;

  ‘valuation date’, in relation to a tax year, means 31 December in that year.

• (2) Subject to subsection (3), for the purposes of the definition of ‘ Irish property’ in subsection (1), an individual shall be deemed to be beneficially entitled in possession on the valuation date to—

  • (a) all property situate in the State which the individual has transferred to his or her spouse or minor children, for less than market value, on or after 18 February 2010,

  • (b) all property situate in the State which the individual has disposed of, or transferred, to a discretionary trust, for less than market value, on or after 18 February 2010, and

  • (c) all property situate in the State which the individual has disposed of, or transferred, to a foundation, for less than market value, on or after 18 February 2010.

• (3)

  • (a) Subsection (2)(a) shall not apply to a maintenance arrangement (within the meaning of section 1025).

  • (b) Subsection (2)(b) and (c) shall not apply to a discretionary trust or a foundation, as the case may be, which is shown, to the satisfaction of the Revenue Commissioners, to have been created exclusively―

    • (i) for purposes which, in accordance with the law of the State, are charitable, or

    • (ii) for the benefit of one or more named individuals and for the reason that such individual, or all such individuals, is or are, because of age or improvidence, or of physical, mental or legal incapacity, incapable of managing that individual’s or those individuals’ affairs.

• (4) For the purposes of this Part, where the whole or the greater part of the market value of any share in a company incorporated outside the State that would be a close company if it were incorporated in the State is attributable, directly or indirectly, to property situate in the State, that share shall be deemed to be property situate in the State.

• (5) In estimating the market value of any property for the purposes of this Part, no deduction shall be made from the market value for any debts or encumbrances.

• (6) References in this Part to the Revenue Commissioners shall be construed as including references to any of their officers.

Charge to domicile levy.

531AB.— Subject to this Part, with effect from 1 January 2010 a levy, to be known as ‘domicile levy’, shall be charged, levied and paid annually by every relevant individual and the amount of such levy shall be €200,000.

Credit for income tax paid.

531AC.— A relevant individual’s liability to income tax for a tax year shall be allowable as a credit in arriving at the amount of domicile levy chargeable for that year, but only to the extent that such income tax has been paid at the same time as, or before, domicile levy for that year is paid.

Valuation procedures.

531AD.— (1) If the Revenue Commissioners are not satisfied with the market value of property estimated in a return, or if they consider it necessary to do so, they may estimate the value of that property and, where the market value as so estimated by the Revenue Commissioners exceeds the market value estimated in the return, any charge to tax shall be made by reference to the market value estimated by the Revenue Commissioners and not by reference to the market value estimated in the return.

• (2) The market value of any property for the purposes of subsection (1) shall be ascertained by the Revenue Commissioners in such manner and by such means as they think fit and they may authorise a person suitably qualified for that purpose to inspect any property and report to them the value of such property for the purposes of this Part and the person having custody or possession of that property shall permit the person so authorised to inspect it at such reasonable times as the Revenue Commissioners consider necessary.

• (3) Where the Revenue Commissioners require a valuation to be made by a person authorised by them for the purposes of subsection (2) the costs of such valuation shall be defrayed by the Revenue Commissioners.

Appeals regarding value of real property.

531AE.— If a relevant individual is aggrieved by a decision of the Revenue Commissioners as to the market value of any real property, the individual may appeal against the decision in the manner prescribed by section 33 of the Finance (1909-10) Act 1910, and the provisions as to appeals under that section shall apply accordingly with any necessary modifications.

Delivery of returns.

531AF.— (1) A relevant individual shall, as respects a tax year, on or before 31 October in the year after the valuation date, prepare and deliver to the Revenue Commissioners a full and true return, together with the payment of domicile levy, of all such matters and particulars in relation to the determination of liability to domicile levy as the Revenue Commissioners may require.

• (2) A return under this section shall—

  • (a) be in such form as the Revenue Commissioners may require,

  • (b) be signed by the relevant individual, and

  • (c) include a declaration by the individual who signed the return that the return is, to the best of that individual’s knowledge, information and belief, correct and complete.

  Opinion of Revenue Commissioners.

  531AG.— (1) On an application to the Revenue Commissioners by an individual who is considering the making of a significant investment in the State, they may give an opinion to the individual as to whether or not, in the tax year in which the application is made, the individual would be likely to be regarded as an individual to whom paragraph (a) of the definition of ‘ relevant individual ’ in section 531AA(1) applies.

• (2) An application for an opinion under subsection (1) shall be in such form and contain such information and particulars as the Revenue Commissioners may require in relation to such an application.

• (3) Nothing in this section shall be construed as obliging the Revenue Commissioners to give the opinion referred to in subsection (1).

Making and amending of assessments by Revenue Commissioners.

531AH.— (1) Where—

- (*a*) a return under section 531AF(1) is not delivered to the Revenue Commissioners by an individual on or before 31 October in the year following the valuation date, or

- (*b*) the Revenue Commissioners are dissatisfied with a return delivered to them under section 531AF(1),

  the Revenue Commissioners may make an assessment or an amending assessment upon an individual who they have reason to believe is chargeable to domicile levy on the basis that the individual is a relevant individual.

• (2) The Revenue Commissioners may withdraw an assessment made under subsection (1) and make an assessment of the amount of domicile levy payable on the basis of a return which, in their opinion, represents reasonable compliance with their requirements and which is delivered to them within 30 days after the date of the assessment made by them pursuant to subsection (1).

Right of Revenue Commissioners to make enquiries and amend assessments.

531AI.— (1) Section 956 shall apply, with any necessary modifications, for the purposes of this Part as it applies for the purposes of income tax.

• (2) For the purposes of making an enquiry or taking such actions, as referred to in section 956 or for the purposes of making, amending or further amending an assessment on an individual in relation to domicile levy, the Revenue Commissioners shall have all such powers as an inspector would have under that section in relation to making enquiries or taking such actions as he or she considers necessary to satisfy himself or herself as to the accuracy or otherwise of any statement or particular contained in a return delivered for the purposes of income tax.

Application of provisions relating to income tax.

531AJ.— (1) The provisions of Chapter 1 of Part 40, in relation to appeals, shall apply to domicile levy as they apply to income tax.

• (2) Chapter 1 of Part 47 shall apply to domicile levy as it applies to income tax.

• (3) Section 1080 shall apply to domicile levy as it applies to income tax.

Care and management.

531AK.— Domicile levy is under the care and management of the Revenue Commissioners and Part 37 applies to domicile levy as it applies to income tax.”.

• (2)
• (a) Section 960A of the Principal Act is amended by substituting the following for paragraph (g) of the definition of “Acts”:

• “(g) Parts 18A, 18B and 18C,”.

• (b) Section 1002(1)(a) of the Principal Act is amended by substituting the following for subparagraph (iiia) of the definition of “the Acts”:

“(iiia) Parts 18A and 18C,”.

• (c) Section 1077A(1) of the Principal Act is amended by substituting the following for paragraph (c) of the definition of “the Acts”:

• “(c) Parts 18A, 18B and 18C,”.

• (d) Section 1078(1) of the Principal Act is amended by substituting the following for paragraph (ca) of the definition of “the Acts”:

• “(ca) Parts 18A and 18C,”.

• (3) This section shall apply for the year of assessment 2010 and subsequent years.

151. Cesser of section 825 (residence treatment of donors of gifts to the State) of Principal Act.

151.— Section 825 of the Principal Act is amended by inserting the following after subsection (2):

• “(3) This section ceases to have effect as respects a gift to the State made on or after 4 February 2010.”.

152. Provision of information by Commission for Taxi Regulation.

152.— The Principal Act is amended by inserting the following after section 896A—

“896B.— (1) In this section—

‘the Acts ’ has the meaning assigned to it by section 1078(1);

‘ Commission ’ means the Commission for Taxi Regulation or, in the Irish language, An Coimisiún um Rialáil Tacsaithe.

• (2) The Commission shall, at such intervals as are specified by the Revenue Commissioners, supply to the Revenue Commissioners such information held by the Commission 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.”.

153. Revenue powers.

153.— The Principal Act is amended—

• (a) in section 906A(1)—

• (i) by substituting “sections 907, 907A and 908” for “sections 907 and 908”, and

• (ii) in the definition of “authorised officer” by substituting “section 907, 907A or 908” for “section 907 or 908”,

and

• (b) by inserting the following after section 907:

“Application to Appeal Commissioners: information from third party.

907A.— (1) In this section—

‘taxpayer’ means a person whose identity is not known to the authorised officer, and a group or class of persons whose individual identities are not so known;

‘third party’ means a person whose identity has been furnished to an authorised officer by a financial institution in compliance with a notice issued under section 907 or an order made under section 908.

• (2) An authorised officer may, subject to this section, make application to the Appeal Commissioners for consent, to serve a notice on a third party, requiring the third party—

  • (a) to make available for inspection by the authorised officer, such books, records or other documents as are in the third party’s power, possession or procurement as contain, or may (in the authorised officer’s reasonable opinion) contain information relevant to a liability in relation to a taxpayer, or

  • (b) to furnish to the authorised officer such information, explanations and particulars as the authorised officer may reasonably require as being relevant to any such liability,

  as may be specified in the application.

• (3) An authorised officer shall not make application under subsection (2) without the consent in writing of a Revenue Commissioner, and without being satisfied—

  • (a) that there are reasonable grounds for suspecting that the taxpayer, or as the case may be, all or any of the taxpayers, may have failed or may fail to comply with any provision of the Acts,

  • (b) that any such failure is likely to have led or to lead to serious prejudice to the proper assessment or collection of tax, and

  • (c) that the information—

    • (i) which is likely to be contained in the books, records or other documents, or

    • (ii) which is likely to arise from the information, explanations and particulars,

    to which the application relates, is relevant to the proper assessment or collection of tax.

• (4) Without prejudice to the generality of subsection (2), the authorised officer may make application to the Appeal Commissioners, for consent to serve a notice on a third party, in relation to books, records or other documents and information, explanations and particulars relating to a person who is connected with the taxpayer.

• (5) Where the Appeal Commissioners determine that in all the circumstances there are reasonable grounds for making the application, they may give their consent to the authorised officer serving a notice on the third party, requiring the third party—

  • (a) to make available for inspection by the authorised officer, such books, records or other documents, and

  • (b) to furnish to the authorised officer such information, explanations and particulars,

  as may, with the Appeal Commissioners’ consent, be specified in the notice.

• (6) The persons who may be treated as a taxpayer for the purposes of this section include a company which has been dissolved and an individual who has died.

• (7) Nothing in this section shall be construed as requiring any person to disclose to an authorised officer—

  • (a) information with respect to which a claim to legal professional privilege could be maintained in legal proceedings,

  • (b) information of a confidential medical nature, or

  • (c) professional advice of a confidential nature given to a client (other than advice given as part of a dishonest, fraudulent or criminal purpose).

• (8) Where the Appeal Commissioners have given their consent in accordance with this section, the authorised officer shall, as soon as practicable, but not later than 14 days from the time that such consent was made, serve a notice on the third party concerned and stating that—

  • (a) such consent has been given, and

  • (b) the third party should, within a period of 30 days, comply with the requirements as specified in the notice.

• (9)

  • (a) Subject to paragraph (b) an application by an authorised officer under subsection (2) shall with any necessary modifications be heard by the Appeal Commissioners as if it were an appeal against an assessment to income tax.

  • (b) Notwithstanding section 933(4), a determination by the Appeal Commissioners under this section shall be final and conclusive.

• (10) A third party which fails to comply with a notice served on the third party by an authorised officer in accordance with this section shall be liable to a penalty of €19,045 and, if the failure continues after the expiry of the period specified in subsection (8)(b), a further penalty of €2,535 for each day on which the failure so continues.”.

154. Provision of information by National Asset Management Agency.

154.— Section 204 of the National Asset Management Agency Act 2009 is amended by substituting the following for subsection (2)—

• “(2) Notwithstanding any provision of this Act or any other enactment—

  • (a) NAMA shall make available to the Revenue Commissioners details of each eligible bank asset,

  • (b) where the Revenue Commissioners require any information or documents, relating to any eligible bank asset or such other matters as may be necessary for the purposes of the performance of their duties, then they may require NAMA to provide such information as is in the possession or control of NAMA or of which it has knowledge, and such documents as are in the possession or control of NAMA or to make such documents available for inspection,

  • (c) the Revenue Commissioners may, for the purposes of the performance of their functions under Part 42 of the Taxes Consolidation Act 1997 and any regulations made under that Part, seek from NAMA information in relation to a named relevant person, and

  • (d) where NAMA is in possession of, or has knowledge of, information or has possession or control of documents referred to in paragraph (b) or (c), NAMA shall provide such information and documents to, or make such documents available for inspection by, the Revenue Commissioners.”.

155. Amendment of section 1078 (revenue offences) of Principal Act.

155.— The Principal Act is amended in section 1078 by inserting the following after subsection (9)—

• “(10) Any summons, notice, order or other document relating to proceedings under this section, or relating to any appeal against a judgement pursuant to such proceedings, may be served by an officer of the Revenue Commissioners.”.

156. Tax clearance certificates.

156.— The Principal Act is amended—

• (a) in section 1094(1) by substituting the following for the definition of “ the Acts ”:

“ ‘ the Acts ’ means—

• (a) the Customs Acts,

• (b) the statutes relating to the duties of excise and to the management of those duties,

• (c) the Tax Acts,

• (d) the Capital Gains Tax Acts,

• (e) the Value-Added Tax Acts,

and any instruments made thereunder;”,

and

• (b) in section 1095(1) by substituting the following for the definition of “ the Acts”:

“ ‘ the Acts ’ means—

• (a) the Customs Acts,

• (b) the statutes relating to the duties of excise and to the management of those duties,

• (c) the Tax Acts,

• (d) the Capital Gains Tax Acts,

• (e) the Value-Added Tax Acts,

and any instruments made thereunder;”.

157. Amendment of section 826 (agreements for relief from double taxation) of Principal Act.

157.— For the purposes of assisting the prevention and detection of tax evasion, section 826 of the Principal Act is amended—

• (a) in subsection (1)(a)(ii) by deleting “or” in clause (I) and inserting “or” after “for the purposes of tax,” in clause (II),

• (b) in subsection (1)(a)(ii) by inserting the following after clause (II):

• “(III) collecting and recovering tax (including interest, penalties and costs in connection with such tax) for the purposes of the prevention of tax evasion,”,

• (c) by inserting the following after subsection (1B):

• “(1C) Where—

  • (a) the Government by order declares that it has become a signatory to the Convention on Mutual Administrative Assistance in Tax Matters which was done at Strasbourg on the 25th day of January 1988, or any Protocol to the Convention, for the purposes of the prevention and detection of tax evasion in the case of taxes of any kind or description imposed by the laws of the State or the laws of the territories of the signatories other than the State to the Convention and that it is expedient that the Convention, or any Protocol to the Convention, should have the force of law, and

  • (b) the order so made is referred to in Part 4 of Schedule 24A,

  then, subject to this section, the Convention or any Protocol to the Convention shall, notwithstanding any enactment, have the force of law as if the order were an Act of the Oireachtas on and from the date of the insertion of a reference to the order into Part 4 of Schedule 24A.”,

and

• (d) by substituting the following for the subsection (7):

• “(7) Where any arrangements have, or the Convention has, the force of law by virtue of this section, the obligation as to secrecy imposed by any enactment shall not prevent the Revenue Commissioners or any authorised officer of the Revenue Commissioners from disclosing to any authorised officer of the government with which arrangements have been made, or of a party to the Convention, as the case may be, such information as is required to be disclosed for the purposes of the arrangements or the Convention.”.

158. Amendment of Schedule 24A (arrangements made by the Government with the government of any territory outside the State in relation to affording relief from double taxation and exchanging information in relation to tax) to Principal Act.