Finance Act 2012

“(a) where the consideration, or any part of the consideration (other than rent), moving either to the lessor or to any other person, consists of any money, stock or security, and (i) the amount or value of such consideration for the lease is wholly or partly attributable to residential property and the instrument contains a statement certifying that the consideration (other than rent) for the lease is, as the case may be— (I) wholly attributable to residential property, or (II) partly attributable to residential property, and that the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which, had there been a larger transaction or a series of transactions, the amount or value, or the aggregate amount or value, of the consideration (other than the consideration for the lease concerned which is wholly or partly attributable to residential property and other than rent) would have been wholly or partly attributable to residential property: for the consideration which is attributable to
residential property	1 per cent of the first €1,000,000 of the consideration and 2 per cent of the balance of the consideration thereafter but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.
(ii) the amount or value of such consideration for the lease is wholly or partly attributable to residential property and the instrument contains a statement certifying that the consideration (other than rent) for the lease is, as the case may be— (I) wholly attributable to residential property, or (II) partly attributable to residential property,
and that the transaction effected by that instrument forms part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration (other than rent) which is attributable to residential property is an amount equal to Y
where— Y is the amount or value, or the aggregate amount or value, of the consideration (other than rent) in respect of the larger transaction or of the series of transactions which is attributable to residential property, and clause (i) does not apply:
for the consideration which is attributable to
residential property	Stamp duty of an amount determined by the formula— A B C where— A is the amount of stamp duty that would have been chargeable under clause (i) on the amount or value, or the aggregate amount or value, of the consideration (other than rent) in respect of the larger transaction or of the series of transactions which is attributable to residential property had clause (i) applied to such consideration, B is the amount or value of the consideration (other than rent) for the lease concerned which is attributable to residential property, and C is the amount or value, or the aggregate amount or value, of the consideration (other than rent) in respect of the larger transaction or of the series of transactions which is attributable to residential property, but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.
(iii) the amount or value of such consideration is wholly or partly attributable to residential property and clauses (i) and (ii) do
not apply	2 per cent of the consideration which is attributable to residential property but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.
(b) where the consideration, or any part of the consideration (other than rent), moving either to the lessor or to any other person, consists of any money, stock or security, and the amount or value of such consideration is wholly or partly attributable to property which is
not residential property	2 per cent of the consideration which is attributable to property which is not residential property but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.”.

SCHEDULE 3 Modernisation of Stamping of Instruments: Introduction of Self Assessment and Consequential Changes, etc.

“(3) Any instrument chargeable with stamp duty shall, unless it is written on duty stamped material, be duly stamped with the proper stamp duty before the expiration of 30 days after it is first executed.”.

(a) in subsection (2) by deleting “(other than where the Commissioners are required to express their opinion in relation to the chargeability of the instrument to duty in accordance with section 20)”,

(b) by substituting the following for subsection (5):

“(5) Where an instrument operates, or is deemed to operate, as a voluntary disposition inter vivos under section 30 or 54 such fact shall be brought to the attention of the Commissioners in the electronic return or the paper return to be delivered in relation to an instrument required to be stamped and where the requirement of this subsection is not complied with an accountable person shall, for the purposes of subsection (3) of this section or section 134A(2)(a), as the case may be, be presumed, until the contrary is proven, to have acted negligently or deliberately, as the case may be.”,

and

(c) by deleting subsections (6) and (7).

“Penalties: failure to deliver returns.

8B.— Where an accountable person fails to cause an electronic return or a paper return to be delivered in relation to an instrument within the time specified in section 2(3), the accountable person or, where there is more than one accountable person, each accountable person shall incur a penalty of €3,000.

Expression of doubt.

8C.— (1) In this section—

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

‘letter of expression of doubt’ means a communication received in legible form which—

(a) sets out full details of the facts and circumstances affecting the liability of an instrument to stamp duty, and makes reference to the provisions of the law giving rise to the doubt,

(b) identifies the amount of stamp duty in doubt in respect of the instrument to which the expression of doubt relates,

(c) is accompanied by supporting documentation as relevant, and

(d) is clearly identified as a letter of expression of doubt for the purposes of this section,

and reference to ‘an expression of doubt’ shall be construed accordingly.

(2) (a) Subject to paragraph (b), where, in relation to an instrument, an accountable person is in doubt as to the correct application of any enactment relating to stamp duty (in this section referred to as ‘the law’) to an instrument which could—

(i) give rise to a liability to stamp duty by that person, or

(ii) affects that person’s liability to stamp duty or entitlement to an exemption or a relief from stamp duty,

then the accountable person may lodge a letter of expression of doubt with the Commissioners in such manner as the Commissioners may require.

(b) This subsection shall apply only if both—

(i) the electronic return or the paper return, and

(ii) the expression of doubt referred to in paragraph (a),

are delivered to the Commissioners before the expiration of 30 days after the instrument is first executed.

(3) Subject to subsection (4), where an accountable person causes an electronic return or a paper return to be delivered to the Commissioners and lodges an expression of doubt relating to the instrument in accordance with this section, then interest calculated in accordance with section 159D shall not apply to any additional stamp duty arising where the Commissioners notify the person of the correct application of the law to that instrument and the return will not be deemed to be an incorrect return if an amended return, which includes an assessment to be substituted for an earlier assessment, is delivered and the additional duty is paid within 30 days of the date on which that notification is issued.

(4) Subsection (3) does not apply where the Commissioners do not accept as genuine an expression of doubt in relation to the correct application of the law to an instrument, and an expression of doubt shall not be accepted as genuine in particular where the Commissioners—

(a) have issued general guidelines concerning the application of the law in similar circumstances,

(b) are of the opinion that the matter is otherwise sufficiently free from doubt as not to warrant an expression of doubt, or

(c) are of the opinion that the accountable person was acting with a view to the evasion or avoidance of duty.

(5) Where the Commissioners do not accept an expression of doubt as genuine, they shall notify the accountable person accordingly and the accountable person shall, on receipt of the notification, cause an amended return that includes an assessment to be substituted for an earlier assessment to be delivered and the additional duty to be paid together with any interest payable calculated in accordance with section 159D.

(6) Where an accountable person is aggrieved by a decision of the Commissioners under subsection (5) he or she may appeal to the Appeal Commissioners in accordance with section 21(9).”.

(a) by deleting subsections (2), (2A) and (3), and

(b) in subsection (4) by deleting “and penalty”.

“Late filing of return.

14A.— (1) In this section ‘specified return date’ means the thirtieth day after the date of the first execution of an instrument chargeable with duty.

(2) For the purposes of this section—

(a) where an accountable person deliberately or carelessly causes the delivery of an incorrect electronic return or a paper 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 by the delivery of a correct return on or before that date,

(b) where an accountable person causes the delivery of an incorrect electronic return or a paper return on or before the specified return date, but does so neither deliberately nor carelessly 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 by the delivery of a correct return without unreasonable delay, and

(c) where an accountable person causes the delivery of an electronic return or a paper 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, to deliver a statement or evidence, or further 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, or further statement or evidence, within the time specified in any notice.

(3) Where an accountable person fails to cause the delivery of an electronic return or a paper return in relation to an instrument on or before the specified return date, the stamp duty chargeable on such instrument shall be increased by an amount (in this section referred to as a ‘surcharge’) equal to—

(a) 5 per cent of the amount of duty, subject to a maximum surcharge 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 duty, subject to a maximum surcharge of €63,485, where the return is not delivered before the expiry of 2 months from the specified return date.”.

(a) in subparagraph (i), by deleting “and penalty”, and

(b) by deleting subparagraph (ii).

“Assessment of duty by Commiss-ioners.

20.— (1) Notwithstanding subsection (2), where an electronic return or a paper return is delivered in relation to an instrument required to be stamped by means of the e-stamping system, there shall be included on that return an assessment of such amount of stamp duty that, to the best of the accountable person’s knowledge, information and belief, ought to be charged, levied and paid on the instrument and the accountable person shall pay, or cause to be paid, the stamp duty so assessed together with interest calculated in accordance with section 159D unless the Commissioners make another assessment to be substituted for such assessment.

(2) Where an accountable person fails to cause an electronic return or a paper return to be delivered in relation to an instrument required to be stamped by means of the e-stamping system, the Commissioners shall make an assessment of such amount of stamp duty as, to the best of their knowledge, information (including information received from a member of the Garda Síochána) and belief, ought to be charged, levied and paid on the instrument and an accountable person shall be liable for the payment of the stamp duty so assessed together with interest calculated in accordance with section 159D unless the Commissioners make another assessment to be substituted for such assessment.

(3) Where the Commissioners make an assessment to be substituted for another assessment, an accountable person shall be liable for the payment of the stamp duty so assessed together with interest calculated in accordance with section 159D.

(4) The Commissioners may require to be furnished with a copy of the instrument, together with such evidence as they may deem necessary, in order to show to their satisfaction that the instrument has been or will be correctly stamped.

(5) Every instrument stamped in conformity with an assessment made under this section shall be admissible in evidence and available for all purposes notwithstanding any objection relating to duty.

(6) An instrument which is chargeable with duty shall not, if it is unstamped or insufficiently stamped, be stamped otherwise than in accordance with an assessment.

(7) Nothing in this section shall authorise the stamping after its execution of any instrument which by law cannot be stamped after execution.

(8) The Commissioners may make such enquiries or take such actions as they consider necessary to satisfy themselves as to the accuracy of an electronic return or a paper return delivered in relation to an instrument required to be stamped.

(9) Where an amended electronic return or an amended paper return is delivered in relation to an instrument required to be stamped by means of the e-stamping system, there shall be included on that amended return an assessment to be substituted for an earlier assessment.”.

“Right of appeal of persons dissatisfied with assessment or decision.

21.— (1) In this section—

‘Appeal Commissioners’ has the meaning assigned to it by section 850 of the Taxes Consolidation Act 1997;

‘time for bringing an appeal’ means 30 days.

(2) An accountable person who is dissatisfied with an assessment of the Commissioners in relation to an instrument may appeal to the Appeal Commissioners against the assessment and the appeal shall be heard and determined by the Appeal Commissioners whose determination shall be final and conclusive unless the appeal is required to be reheard by a judge of the Circuit Court or a case is required to be stated in relation to it for the opinion of the High Court on a point of law.

(3) No appeal may be made against an assessment made on an accountable person by the Commissioners, where the duty had been agreed between the Commissioners and the accountable person, or any person authorised by the accountable person in that behalf, before the making of the assessment.

(4) (a) Where—

(i) an accountable person fails to cause an electronic return or a paper return to be delivered in relation to an instrument, or

(ii) the Commissioners are not satisfied with the electronic return or the paper return which has been delivered, or has received any information as to its insufficiency,

and the Commissioners make an assessment in accordance with section 20, no appeal shall lie against that assessment until such time as—

(I) in a case to which subparagraph (i) applies, an electronic return or a paper return is delivered to the Commissioners, and

(II) in a case to which either subparagraph (i) or (ii) applies, the accountable person pays or has paid an amount of duty on foot of the assessment which is not less than the duty which would be payable on foot of the assessment if the assessment were made in all respects by reference to the return delivered to the Commissioners,

and the time for bringing an appeal against the assessment shall be treated as commencing at the earliest date on which both the return has been delivered and that amount of duty has been paid.

(b) References in this subsection to an amount of duty shall be construed as including a surcharge under section 14A(3) and any amount of interest which would be due and payable on that duty, calculated in accordance with section 159D, at the date of payment of the duty, together with any costs incurred or other amounts which may be charged or levied in pursuing the collection of the duty contained in the assessment.

(5) Where an appeal is brought against an assessment made on an accountable person in relation to an instrument required to be stamped by means of the e-stamping system, the accountable person shall specify in the notice of appeal—

(a) each amount or matter in the assessment with which the accountable person is aggrieved, and

(b) the grounds in detail of the accountable person’s appeal as respects each such amount or matter.

(6) Where, as respects an amount or matter to which a notice of appeal relates, the notice does not comply with subsection (5), the notice shall, in so far as it relates to that amount or matter, be invalid and the appeal concerned shall, in so far as it relates to that amount or matter, be deemed not to have been brought.

(7) The accountable person shall not be entitled to rely on any ground of appeal that is not specified in the notice of appeal unless the Appeal Commissioners, or the Judge of the Circuit Court, as the case may be, are or is satisfied that the ground could not reasonably have been stated in the notice.

(8) Notwithstanding subsection (2)—

(a) any person dissatisfied with any decision of the Commissioners as to the value of any land for the purpose of an assessment under this Act may appeal against such decision in the manner prescribed by section 33 (as amended by the Property Values (Arbitrations and Appeals) Act 1960) of the Finance (1909-10) Act 1910, and so much of Part I of that Act as relates to appeals shall apply to an appeal under this subsection;

(b) an appeal shall not lie under subsection (2) on any question relating to the value of any land.

(9) An accountable person who is aggrieved by a decision of the Commissioners under section 8C(5) that an expression of doubt is not genuine may, by giving notice in writing to the Commissioners within the period of 30 days after the notification of the said decision, require the matter to be referred to the Appeal Commissioners and on the hearing of an appeal under this subsection, the Appeal Commissioners shall have regard only to whether the expression of doubt is genuine.

(10) Subject to this section, Chapter 1 of Part 40 (which relates to appeals) of the Taxes Consolidation Act 1997 shall, with any necessary modifications, apply as they apply for the purpose of income tax.”.

(a) in subsection (4)(a) by deleting “, in the opinion of the Commissioners,” and “or to such lower multiple, not being less than 5, of the open market value of the land as the Commissioners consider appropriate having regard to the relevant information available to them”, and

(b) by deleting subsection (6).

(a) in subsection (4)(a) by deleting “, in the opinion of the Commissioners,” and “or to such lower multiple, not being less than 5, of the open market value of the land as the Commissioners consider appropriate having regard to the relevant information available to them”, and

(b) by deleting subsection (6).

“(a) was made within the period of 4 years from the date the operator-instruction referred to in section 69 was made,”.

(a) by deleting subsection (2),

(b) in subsection (3) by deleting “it is shown to the satisfaction of the Commissioners that”,

(c) in subsection (5) by deleting “it is also shown to the satisfaction of the Commissioners that”,

(d) in subsection (6) by deleting paragraph (b), and

(e) in paragraph (a) of subsection (7) by substituting “the exemption was not properly due” for “any declaration or other evidence furnished in support of the claim was untrue in any material particular”.

(a) in subsection (2) by deleting “it is shown to the satisfaction of the Commissioners that”,

(b) by deleting paragraph (a) of subsection (3),

(c) by deleting paragraph (b) of subsection (7), and

(d) in paragraph (a) of subsection (8) by substituting “the exemption was not properly due” for “any declaration or other evidence furnished in support of the claim was untrue in any material particular”.

(a) by deleting subsection (5),

(b) by deleting paragraph (b) of subsection (7), and

(c) in subsection (8) by substituting “the exemption was not properly due” for “any declaration or other evidence furnished in support of the claim was untrue in any material particular”.

(a) by substituting the following for subsection (8):

“(8) This section applies to any instrument which operates as a conveyance or transfer (whether on sale or as a voluntary disposition inter vivos) of an interest in land to a young trained farmer where it is the intention of the young trained farmer, or each young trained farmer if there is more than one, for a period of 5 years from the date of execution of the instrument to—

(a) spend not less than 50 per cent of their normal working time farming the land, and

(b) retain ownership of the land.”,

(b) by deleting subsection (10), and

(c) in subsection (11) by substituting the following for paragraph (c):

“(c) Where within 4 years from the date of execution of an instrument to which this subsection applies, the transferee achieves the standard, the Commissioners shall, where a claim for repayment is made to them by the transferee, or each of them if there is more than one, and where it is the intention of such person, or each such person, for a period of 5 years from the date on which the claim for repayment is made to the Commissioners to—

(i) spend not less than 50 per cent of that person’s normal working time, farming the land, and

(ii) retain ownership of the land,

cancel and repay such duty as would have been chargeable had this section applied to the instrument when it was first presented for stamping.”.

(a) in subsection (1) by substituting “duty, including any surcharge incurred under section 14A(3), and interest” for “duty, interest and penalty”,

(b) in subsection (2) by substituting “duty, including any surcharge incurred under section 14A(3), and interest” for “duty, interest and penalty” in both places where it occurs and by deleting “, for the duty and penalty”,

(c) by substituting the following for subsection (3):

“(3) On production to the Commissioners of any instrument on which any duty, including any surcharge incurred under section 14A(3), and interest has been paid under subsection (1), together with the receipt, and an electronic return or a paper return has been delivered to the Commissioners, the Commissioners shall treat the duty, including any surcharge incurred under section 14A(3), and interest as paid in the e-stamping system.”,

and

(d) by inserting the following after subsection (4):

“(5) For the purposes of subsection (4), an instrument that has been stamped by means of the e-stamping system is deemed to have been duly stamped notwithstanding any objection relating to duty.”.

“Obligation to retain records.

128A.— (1) In this section—

‘records’ includes books, accounts, documents and any other data maintained manually or by any electronic, photographic or other process, relating to—

(a) a liability to stamp duty, and

(b) a relief or any exemption claimed under any provision of this Act.

(2) Every accountable person shall retain, or cause to be retained on his or her behalf, records of the type referred to in subsection (1) as are required to enable—

(a) a true return or statement to be made for the purposes of this Act, and

(b) a claim to a relief or an exemption under any provision of this Act to be substantiated.

(3) Any records required to be retained by virtue of this section shall be retained—

(a) in its written form, or

(b) subject to section 887(2) of the Taxes Consolidation Act 1997, by means of any electronic, photographic or other process.

(4) Records retained for the purposes of subsections (2) and (3) shall be retained by the person required to retain the records for a period of 6 years commencing on the later of—

(a) the date an electronic return or a paper return was delivered to the Commissioners, or

(b) the date that the duty was paid to the Commissioners.

(5) Any person who fails to comply with subsection (2), (3) or (4) in respect of the retention of any records relating to a liability to stamp duty, or a relief or an exemption, is liable to a penalty of €3,000.

Power of inspection.

128B.— (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;

‘employee’ means an employee who by virtue of his or her employment is in a position to, or to procure—

(a) the production of the books, records or other documents,

(b) the furnishing of information, explanations and particulars, and

(c) the giving of all assistance, to an authorised officer, as may be required under subsection (3);

‘records’ has the same meaning as in section 128A;

‘relevant person’ means an accountable person and, where records are retained on his or her behalf, a person who retains the records;

‘return’ means an electronic return or a paper return.

(2) An authorised officer may at all reasonable times enter any premises or place of business of a relevant person for the purpose of auditing a return.

(3) An authorised officer may require a relevant person or an employee of the relevant person to produce records or other documents and to furnish information, explanations and particulars and to give all assistance, which the authorised officer reasonably requires for the purposes of his or her audit under subsection (2).

(4) An authorised officer may take extracts from or copies of all or any part of the records or other documents or other material made available to him or her or require that copies of records or other documents be made available to him or her, in exercising or performing his or her powers or duties under this section.

(5) An authorised officer when exercising or performing his or her powers or duties under this section shall, on request, produce his or her authorisation for the purposes of this section.

(6) An employee of a relevant person who fails to comply with the requirements of the authorised officer in the exercise or performance of the authorised officer’s powers or duties under this section shall be liable to a penalty of €1,265.

(7) A relevant person who fails to comply with the requirements of the authorised officer in the exercise or performance of the authorised officer’s powers or duties under this section shall be liable to a penalty of €19,045 and if that failure continues a further penalty of €2,535 for each day on which the failure continues.”.

(a) in subsection (1) by substituting the following for the definition of “person”:

“ ‘person’ means—

(a) for the purposes of subsections (2)(b) and (4)(b), a system-member,

(b) for the purposes of subsections (2)(c) and (4)(c), an accountable person where an electronic return or a paper return is caused to be delivered, or is delivered, to the Commissioners, and

(c) for the purposes of subsection (2)(d), an accountable person where an electronic return or a paper return, which is required to be delivered, is not delivered to the Commissioners;”,

(b) in subsection (2) by deleting “or” where it last occurs in paragraph (b), by substituting “such return, or” for “such return,” in paragraph (c) and by inserting the following after paragraph (c):

“(d) fails to deliver or cause to be delivered an electronic return or a paper return which is required to be delivered to the Commissioners,”,

(c) in subsection (3) by deleting “and” in paragraph (b), by substituting “subsection (9), and” for “subsection (9)” in paragraph (c) and by inserting the following after paragraph (c):

“(d) in subsection (2) in relation to paragraph (d) of that subsection, shall be the amount specified in subsection (9A),”,

(d) in subsection (4) by deleting “or” where it last occurs in paragraph (b), by substituting “such return, or” for “such return” in paragraph (c) and by inserting the following after paragraph (c):

“(d) fails to deliver or cause to be delivered an electronic return or a paper return which is required to be delivered to the Commissioners,”,

(e) by inserting the following after subsection (5):

“(5A) (a) The further penalty referred to in subsection (4) in relation to paragraph (d) of that subsection, shall be the amount specified in subsection (9A) reduced to 40 per cent.

(b) Where the person who incurred the penalty co-operated fully with any investigation or enquiry started by the Commissioners or by a Revenue officer into any matter occasioning a liability to duty of that person, the further penalty referred to in subsection (4) in relation to paragraph (d) of that subsection, shall be the amount specified in subsection (9A) reduced to—

(i) 30 per cent of that amount where subparagraph (ii) or (iii) does not apply,

(ii) 20 per cent of that amount where a prompted qualifying disclosure has been made by that person, or

(iii) 5 per cent of that amount where an unprompted qualifying disclosure has been made by that person.”,

(f) in subsection (6) by deleting “or” where it last occurs in paragraph (b), by substituting “such return, or” for “such return” in paragraph (c) and by inserting the following after paragraph (c):

“(d) fails to deliver or cause to be delivered an electronic return or a paper return which is required to be delivered to the Commissioners,”,

and

(g) by inserting the following after subsection (9):

“(9A) The amount referred to in subsection (3)(d) and in subsection (5A) is the amount of duty that would have been payable if a return had been delivered.”.

“(a) the application for relief is made within the period of 4 years after the stamp has been spoiled or become useless or, in the case of an executed instrument, within the period of 4 years from the date the instrument was stamped by the Commissioners,”.

“Allowance for misused stamps.

152.— When any person has inadvertently used, for an instrument liable to duty, a stamp of greater value than was necessary, or has inadvertently used a stamp for an instrument not liable to any duty, the Commissioners may, on application made within the period of 4 years from the date the instrument was stamped by the Commissioners, and on the instrument, if liable to duty, being stamped with the proper duty, cancel or allow as spoiled the stamp so misused.”.

“Delegation.

158A.— Anything required to be done by the Commissioners under this Act, other than the making of regulations or an authorisation under this section, may be done by such officer or officers, or class of officer or officers, of the Commissioners as the Commissioners authorise in writing in that behalf and different officers or classes of officers may be authorised for different purposes.”.

(a) under the Heading “CONVEYANCE or TRANSFER on sale of any stocks or marketable securities.”—

(i) in paragraph (1) by deleting “contains a statement certifying that the transaction effected by that instrument”, and

(ii) in paragraph (2) by deleting “, if less than €1, be rounded up to €1 and,” in the second column of that paragraph,

(b) under the Heading “CONVEYANCE or TRANSFER on sale of any property other than stocks or marketable securities or a policy of insurance or a policy of life assurance.”—

(i) in paragraph (1) by deleting “the instrument contains a statement certifying that the consideration for sale is, as the case may be—”, by deleting subparagraphs (a) and (b) and by deleting “and that”,

(ii) in paragraph (2) by deleting “the instrument contains a statement certifying that the consideration for sale is, as the case may be—”, by deleting subparagraphs (a) and (b) and by deleting “and that”, and

(iii) by deleting paragraph (3),

and

(c) under the Heading “LEASE.” by deleting—

(i) in paragraph (3)(a)(i) by deleting “the instrument contains a statement certifying that the consideration (other than rent) for the lease is, as the case may be—”, by deleting subclauses (I) and (II) and by deleting “and that”,

(ii) in paragraph (3)(a)(ii) by deleting “the instrument contains a statement certifying that the consideration (other than rent) for the lease is, as the case may be—”, by deleting subclauses (I) and (II) and by deleting “and that”, and

(iii) by deleting paragraph (3)(a)(iii).

SCHEDULE 4 Modernisation of Direct Taxes Assessing Rules Including Rules for Self Assessment

PART 1 Amendment of the Taxes Consolidation Act 1997

The Taxes Consolidation Act 1997 is amended by inserting the following Part after Part 41:

“PART 41A

Interpretation (Part 41A)

Interpretation.

959A.— In this Part, except where the context otherwise requires—

‘Acts’ means—

(a) the Income Tax Acts,

(b) the Corporation Tax Acts,

(c) the Capital Gains Tax Acts,

(d) Part 18C,

(e) Part 18D,

and any instruments made under any of those Acts or Parts;

‘amount of tax chargeable on a person’, in relation to a person and an Act, means the amount of tax chargeable on the person under the Act after taking into account any allowance, deduction or relief that is authorised by the Act to be given to the person against income, profits or gains or, as applicable, chargeable gains;

‘amount of tax payable by a person’, in relation to a person and an Act, means the amount of tax computed by reducing the amount of tax chargeable on the person by the amount of any tax credit that is authorised by the Act to be given to the person;

‘appeal’ means an appeal under section 933 or, as respects capital gains tax, an appeal under section 945;

‘assessment’, other than in section 959G, means an assessment to tax that is made under the Acts and, unless the context otherwise requires, includes a self assessment;

‘chargeable gain’ has the same meaning as in section 545(3);

‘chargeable period’ means an accounting period of a company or a tax year;

‘chargeable person’ means, as respects a chargeable period, a person who is chargeable to tax for that period, whether on that person’s own account or on account of some other person but, as respects income tax, does not include a person to whom subsection (1) of section 959B relates;

‘determination of the appeal’ means a determination by the Appeal Commissioners under section 933(4), and includes an agreement referred to in section 933(3) and an assessment becoming final and conclusive by virtue of section 933(6);

‘due date for the payment of an amount of preliminary tax’ has the meaning assigned to it by Chapter 7;

‘electronic means’ includes electronic, digital, magnetic, optical, electromagnetic, biometric, photonic means of transmission of data and other forms of related technology by means of which data is transmitted;

‘electronic record’ includes electronic, digital, magnetic, optical, electromagnetic, biometric, photonic means of storing data and other forms of related technology by means of which data is stored;

‘precedent partner’ has the same meaning as in Part 43;

‘prescribed form’ means a form prescribed by the Revenue Commissioners or a form used under the authority of the Revenue Commissioners;

‘preliminary tax’ means the amount of tax which a chargeable person is required to pay in accordance with section 959AN;

‘return’ means the return which is required to be prepared and delivered in accordance with Chapter 3;

‘Revenue assessment’ shall be construed in accordance with section 959C;

‘Revenue officer’ means an officer of the Revenue Commissioners;

‘self assessment’ means an assessment to tax made by a chargeable person, or in relation to a chargeable person, in accordance with Chapter 4;

‘specified provisions’ means sections 877 to 881, section 884, paragraphs (a) and (b) of section 888(2), section 1023, and section 1031H;

‘specified return date for the accounting period’ shall be construed in accordance with paragraph (b) of the definition of specified return date for the chargeable period;

‘specified return date for the chargeable period’ means—

(a) in relation to a tax year for income tax or capital gains tax purposes, 31 October in the tax year following that year,

(b) in relation to an accounting period of a company—

(i) subject to subparagraphs (ii) and (iii), the last day of the period of 9 months starting on the day immediately following the end of the accounting period, but in any event not later than day 21 of the month in which that period of 9 months ends,

(ii) where the accounting period ends on or before the date the winding up of the company starts and the specified return date in respect of that accounting period would, apart from this subparagraph, fall on a day after the date the winding up started but not within a period of 3 months after that date, the day which falls 3 months after the date the winding up started but in any event not later than day 21 of the month in which that period of 3 months ends, and

(iii) where, in relation to the accounting period, a return is made by electronic means in accordance with Chapter 6 of Part 38 and any payment which the company is required to make in accordance with the provisions of the Acts is made by such electronic means as are required by the Revenue Commissioners—

(I) in circumstances other than those referred to in subparagraph (ii), the last day of the period of 9 months starting on the day immediately following the end of the accounting period, but in any event not later than day 23 of the month in which that period of 9 months ends provided that both the return and the payment is made by that day,

(II) in the circumstances referred to in subparagraph (ii), the day which falls 3 months after the date the winding up started but in any event not later than day 23 of the month in which that period of 3 months ends provided that both the return and the payment is made by that day;

‘specified return date for the tax year’ shall be construed in accordance with paragraph (a) of the definition of specified return date for the chargeable period;

‘tax’, other than in section 959G, means any income tax, corporation tax, capital gains tax or any other levy or charge which under the Acts is placed under the care and management of the Revenue Commissioners;

‘tax credit’ in relation to a person and an Act, means an amount authorised by the Act to be set against, or deducted from, the amount of tax chargeable on the person so as to reduce the amount of tax otherwise payable by the person;

‘tax year’ means a year of assessment.

Supplemental interpretation provisions.

959B.— (1) For the purposes of the meaning assigned to ‘chargeable person’ in section 959A, it does not include a person—

(a) whose only source or sources of income for a tax year is or are sources the income from which consists of emoluments to which Chapter 4 of Part 42 applies, but for this purpose a person who, in addition to such source or sources of income, has another source or other sources of income shall be deemed for the tax year to be a person whose only source or sources of income for the tax year is or are sources the income from which consists of emoluments to which Chapter 4 of Part 42 applies if the income from that other source or those other sources is taken into account in determining the amount of his or her tax credits and standard rate cut-off point for the tax year applicable to those emoluments, and, for the purposes of deciding whether such income should be so taken into account, the Revenue Commissioners may have regard to the amount for that, or any previous, tax year of the income of the person from that other source or those other sources before deductions, losses, allowances and other reliefs,

(b) who for the tax year has been excluded by a Revenue officer from the requirements of Chapter 3 by reason of a notice given under section 959N, or

(c) who is chargeable to tax for the tax year by reason only of section 237, 238 or 239,

but paragraph (a) shall not apply to a person who is a director or, in the case of a person to whom section 1017 or 1031C applies, whose spouse or civil partner is a director (within the meaning of section 116) of a body corporate other than a body corporate which during a period of 3 years ending on 5 April in the tax year—

(i) was not entitled to any assets other than cash on hands, or a sum of money on deposit within the meaning of section 895, not exceeding €130,

(ii) did not carry on a trade, business or other activity including the making of investments, and

(iii) did not pay charges on income within the meaning of section 243.

(2) (a) In the Acts (other than in this Part), any reference however expressed to a person being assessed to tax, to an assessment being made on a person, or to a person being charged to tax by an assessment, shall be construed as including a reference to a person being so assessed or so charged by a self assessment made under Chapter 4.

(b) For the purposes of paragraph (a), the reference to assessment and self assessment includes an amended assessment and an amended self assessment.

(3) (a) Where any obligation or requirement is imposed on a person in any capacity under this Part and a corresponding obligation or requirement is imposed on that person in another capacity, the discharge of any one of those obligations or requirements shall not release the person from the other obligation or requirement.

(b) A person shall not in any capacity have an obligation or requirement imposed on that person under this Part by reason only that such obligation or requirement is imposed on that person in any other capacity.

(c) Where but for any of the subsequent provisions of this Part any such obligation or requirement would have been imposed on a person in more than one capacity, a release from such obligation or requirement under any of those provisions by reason of any fact or circumstance applying in relation to that person’s liability to tax in any one capacity shall not release that person from such obligation or requirement as is imposed on that person in a capacity other than that in which that fact or circumstance applies.

Assessments: General Rules

Making of assessments: general rules.

959C.— (1) Any assessment made under the Acts, other that a self assessment, shall be made by or on behalf of the Revenue Commissioners and shall be known as a ‘Revenue assessment’.

(2) A Revenue assessment shall be made by a Revenue officer.

(3) An assessment made under an Act shall be an assessment to tax in relation to a person for a chargeable period and all tax that falls to be charged on the person under the Act for the chargeable period shall be included in one assessment.

(4) An assessment to tax in relation to a person shall be an assessment, in accordance with the Acts, for the chargeable period involved of—

(a) the amount of the income, profits or gains or, as the case may be, chargeable gains arising to the person for the period,

(b) the amount of tax chargeable on the person for the period,

(c) the amount of tax payable by the person for the period, and

(d) the balance of tax, taking account of any amount of tax paid directly by the person to the Collector-General for the period, which under the Acts—

(i) is due and payable by the person to the Revenue Commissioners for the period, or

(ii) is repayable by the Revenue Commissioners to the person for the period.

(5) Subject to section 959E(5), an assessment to tax in relation to a person for a chargeable period may relate to—

(a) tax chargeable under more than one of the Acts, and

(b) an amount due under an enactment other than the Acts which by virtue of that enactment is to be assessed and charged as if it were an amount of income tax.

(6) An assessment to tax in relation to a person shall, where required under section 1084, include the amount of any surcharge due for the chargeable period.

Record of assessments and generation of notices by electronic means.

959D.— (1) The Revenue Commissioners shall keep a record of—

(a) each Revenue assessment made, and

(b) each self assessment made by a Revenue officer in relation to a chargeable person under section 959U.

(2) The requirements of subsection (1) shall be satisfied where a Revenue officer enters details of the assessment, including the tax charged in the assessment, in an electronic record.

(3) Where a Revenue officer—

(a) enters details of an assessment in accordance with subsection (2), and

(b) a notice of assessment in the name of another Revenue officer is produced or generated by electronic means,

the Revenue officer whose name appears on the notice shall, for the purposes of the Acts, be deemed to have—

(i) other than where section 959U(3) applies, made the assessment to which the notice relates,

(ii) where the notice relates to a Revenue assessment, made the assessment to the best of his or her judgement, and

(iii) given the notice that was so issued, produced or generated.

Notice of assessment by Revenue officer.

959E.— (1) Where a Revenue assessment is made or a self assessment is made by a Revenue officer in relation to a chargeable person under section 959U, a Revenue officer shall give notice to the person assessed of the assessment made.

(2) Notice of an assessment, which is given by a Revenue officer, may be given in writing or by electronic means.

(3) Where a return is prepared and delivered in accordance with section 959L by another person acting under a chargeable person’s authority, a copy of the notice of assessment shall be given to that other person.

(4) Subject to subsection (5) and section 959AC, a notice of assessment given by a Revenue officer to a person for a chargeable period shall include details of—

(a) the amount of the income, profits or gains or, as the case may be, chargeable gains arising to the person for the period,

(b) the amount of tax chargeable on the person for the period,

(c) the amount of tax payable by the person for the period,

(d) the balance of tax, taking account of any amount of tax paid directly by the person to the Collector-General for the period, which under the Acts—

(i) is due and payable by the person to the Revenue Commissioners for the period, or

(ii) is repayable by the Revenue Commissioners to the person for the period,

(e) the amount of any surcharge which, under section 1084, is required to be included in the assessment,

(f) the name of the Revenue officer who is giving the notice and the address of the Revenue office at which that officer is based, and

(g) the time allowed for giving notice of appeal against the assessment to which the notice relates.

(5) (a) Where an assessment relates to tax chargeable under more than one of the Acts, the notice of assessment shall identify the amount of tax chargeable under each of the Acts.

(b) Where by virtue of an enactment other than the Acts, an amount due under that enactment is to be assessed and charged as if it were an amount of income tax, the notice of assessment shall identify the amount so chargeable by virtue of that enactment.

(6) A notice of assessment may include details of one or more of the following for the chargeable period involved:

(a) the Case or Schedule under which an amount of income, profits or gains has been charged in the assessment;

(b) the provision of the Act by virtue of which an amount of income, profits or gains or, as the case may be, chargeable gains has been charged in the assessment;

(c) the amount of any allowance, deduction, relief or tax credit to which the person assessed is entitled for the period;

(d) the calculation of the amount of tax chargeable on the person for the period;

(e) the calculation of the amount of tax payable by the person for the period;

(f) the calculation of the balance of tax payable by, or repayable to, the person for the period.

Double assessment.

959F.— (1) Where it appears to the satisfaction of the Revenue Commissioners that a person, either on the person’s own account or on behalf of another person, has been assessed to tax more than once for the same chargeable period for the same cause and on the same account, they shall vacate the whole, or the part, of any assessment as appears to them to constitute a double assessment.

(2) A person who, either on the person’s own account or on behalf of another person, has been assessed to tax and is again assessed for the same chargeable period for the same cause and on the same account, may apply for relief to the Revenue Commissioners who, on proof to their satisfaction of the double assessment, shall cause the assessment, or so much of the assessment as constitutes a double assessment, to be vacated.

(3) Where it is proved to the satisfaction of the Revenue Commissioners that any double assessment has been made and that payment has been made on both assessments, they shall repay the amount of the overpayment to the applicant notwithstanding any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made.

(4) Where a person is aggrieved by a decision of the Revenue Commissioners not to grant relief under this section, the provisions of section 949 shall apply to such decision as if it were a determination made on a matter referred to in section 864.

(5) Anything required to be done under this section by the Revenue Commissioners may be done by a Revenue officer.

Transmission to Collector-General of particulars of sums to be collected.

959G.— (1) In this section—

‘assessment’ has the same meaning as in Chapter 1A of Part 42 and, by virtue of section 959B(2), includes a self assessment;

‘tax’ has the same meaning as in Chapter 1A of Part 42.

(2) After assessments to tax have been made, a Revenue officer shall transmit particulars of the sums to be collected to the Collector-General or to a Revenue officer nominated in writing under section 960B for collection.

(3) The entering by a Revenue officer of details of an assessment to tax and of the tax charged in such an assessment in an electronic record from which the Collector-General or a Revenue officer nominated in writing under section 960B may extract such details by electronic means shall constitute transmission of such details by a Revenue officer to the Collector-General or to the Revenue officer nominated in writing under section 960B.

Amended assessment and notice of amended assessment.

959H.— For the purposes of the Acts, the other provisions of this Chapter shall with any necessary modifications apply in like manner to an amended assessment and a notice of an amended assessment as it applies to an assessment and a notice of assessment.

Chargeable Persons: Returns

Obligation to make a return.

959I.— (1) Every chargeable person shall as respects a chargeable period prepare and deliver to the Collector-General on or before the specified return date for the chargeable period a return in the prescribed form.

(2) The prescribed form referred to in subsection (1) may include such matters in relation to gift tax and inheritance tax as may be required by that form.

(3) Where under this Chapter a person delivers a return to the Collector-General, the person shall be deemed to have been required by a notice under section 877 to deliver a statement containing the matters and particulars contained in the return or to have been required by a notice under section 879, 880 or 884 to deliver the return, as the case may be.

(4) A chargeable person shall prepare and deliver to the Collector-General, a return for a chargeable period as required by this Chapter notwithstanding that the chargeable person has not received a notice to prepare and deliver a statement or return for that period under section 877, 879, 880 or 884, as the case may be.

(5) Nothing in the specified provisions or in a notice given under any of those provisions shall operate so as to require a chargeable person to deliver a return for a chargeable period on a date earlier than the specified return date for the chargeable period.

Requirements for returns for income tax and capital gains tax purposes.

959J.— In the case of a chargeable person who is chargeable to income tax or capital gains tax for a tax year, the return required by this Chapter shall include—

(a) all such matters and particulars as would be required to be contained in a statement delivered pursuant to a notice given to the chargeable person under section 877, if the period specified in such notice were the tax year,

(b) where the chargeable person is an individual who is chargeable to income tax or capital gains tax for a tax year, in addition to those matters and particulars referred to in paragraph (a), all such matters and particulars as would be required to be contained in a return for the tax year delivered pursuant to a notice given to the chargeable person under section 879, and

(c) such further particulars, including particulars relating to the preceding tax year where the profits or gains of that preceding year are determined in accordance with section 65(3), as may be required by the prescribed form.

Requirements for returns for corporation tax purposes.

959K.— In the case of a chargeable person who is chargeable to corporation tax for an accounting period, the return required by this Chapter shall include—

(a) all such matters and particulars in relation to the accounting period as would be required to be contained in a return delivered pursuant to a notice given to the chargeable person under section 884, and

(b) such further particulars as may be required by the prescribed form.

Delivery of return by person acting under authority.

959L.— (1) A return required by this Chapter may be prepared and delivered by the chargeable person or by another person acting under the chargeable person’s authority in that regard.

(2) Where a return is prepared and delivered by that other person, the Acts shall apply as if it had been prepared and delivered by the chargeable person.

(3) A return purporting to be prepared and delivered by or on behalf of any chargeable person shall for the purposes of the Acts be deemed to have been prepared and delivered by that person or by that person’s authority, as the case may be, unless the contrary is proved.

Delivery of return by precedent partner.

959M.— The precedent partner of any partnership shall—

(a) be deemed to be a chargeable person for the purposes of this Chapter, and

(b) as respects any chargeable period, deliver to the Collector-General on or before the specified return date for that chargeable period the return which that partner would be required to deliver for that period under section 880, if notice under that section had been given before that specified date.

Exclusion from obligation to deliver a return.

959N.— (1) A Revenue officer may exclude a person from the application of this Chapter by giving the person a notice in writing stating that the person is excluded from its application.

(2) The notice shall have effect for such chargeable period or periods or until such chargeable period or until the happening of such event as is specified in the notice.

(3) Where a person who has been given a notice under this section is chargeable to capital gains tax for any chargeable period, this section shall not operate so as to remove the person’s obligation under this Chapter to make a return of the person’s chargeable gains for that chargeable period.

Failure to deliver a return.

959O.— (1) Any provision of the Acts relating to the taking of any action on the failure of a person to deliver a statement or return pursuant to a notice given under any of the sections referred to in section 959I(3) shall apply to a chargeable person in a case where such a notice has not been given as if the chargeable person had been given a notice on the specified return date for the chargeable period under such one or more of those sections as is appropriate to the provision in question.

(2) A certificate signed by a Revenue officer which certifies that he or she has examined the relevant records and that it appears from those records—

(a) that as respects a chargeable period a named person is a chargeable person, and

(b) that on or before the specified return date for the chargeable period a return in the prescribed form was not received from that chargeable person,

shall be evidence until the contrary is proved that the person so named is a chargeable person as respects that chargeable period and that that person did not on or before the specified return date deliver that return.

(3) A certificate certifying as provided by subsection (2) and purporting to be signed by a Revenue officer may be tendered in evidence without proof and shall be deemed until the contrary is proved to have been signed by such officer.

(4) Sections 1052 and 1054 shall apply to a failure by a chargeable person to deliver a return in accordance with this Chapter as they apply to a failure to deliver a return referred to in section 1052.

Expression of doubt.

959P.— (1) In this section—

‘law’ means one or more provisions of the Acts;

‘letter of expression of doubt’, in relation to a matter, means a communication by written or electronic means, as appropriate, which—

(a) sets out full details of the facts and circumstances of the matter,

(b) specifies the doubt and the law giving rise to the doubt,

(c) identifies the amount of tax in doubt in respect of the chargeable period to which the expression of doubt relates,

(d) is accompanied by supporting documentation as relevant, and

(e) is clearly identified as a letter of expression of doubt for the purposes of this section,

and reference to ‘an expression of doubt’ shall be construed accordingly.

(2) Where a chargeable person is in doubt as to the correct application of the law to any matter to be contained in a return required for a chargeable period by this Chapter, which could—

(a) give rise to a liability to tax by that person, or

(b) affect that person’s liability to tax or entitlement to an allowance, deduction, relief or tax credit,

then, the chargeable person may—

(i) prepare the return for the chargeable period to the best of that person’s belief as to the correct application of the law to the matter, and deliver the return to the Collector-General, and

(ii) include a letter of expression of doubt with the return.

(3) This section applies only if the return referred to in subsection (2) is delivered to the Collector-General on or before the specified return date for the chargeable period involved.

(4) Where a return is delivered in accordance with subsection (2), a self assessment shall, where required under section 959R, be included in the return by reference to the particulars included in the return.

(5) Subject to subsection (6), where a letter of expression of doubt is included with a return delivered by a chargeable person to the Collector-General for a chargeable period—

(a) that person shall be treated as making a full and true disclosure with regard to the matter involved, and

(b) any additional tax arising from the amendment of an assessment for the chargeable period by a Revenue officer to give effect to the correct application of the law to that matter shall be due and payable in accordance with section 959AU(2).

(6) Subsection (5) does not apply where a Revenue officer does not accept as genuine an expression of doubt in respect of the application of the law to a matter, and an expression of doubt shall not be accepted as genuine in particular where—

(a) the Revenue Commissioners have issued general guidelines concerning the application of the law in similar circumstances,

(b) the officer is of the opinion that the matter is otherwise sufficiently free from doubt as not to warrant an expression of doubt, or

(c) the officer is of the opinion that the chargeable person was acting with a view to the evasion or avoidance of tax.

(7) Where a Revenue officer does not accept an expression of doubt as genuine, he or she shall notify the chargeable person accordingly and any additional tax arising from the amendment of an assessment for the chargeable period by a Revenue officer to give effect to the correct application of the law to the matter involved shall be due and payable in accordance with section 959AU(1).

(8) Where a chargeable person is aggrieved by a decision of a Revenue officer that the person’s expression of doubt is not genuine, the provisions of section 949 shall apply to such decision as if it were a determination made on a matter referred to in section 864.

Miscellaneous (Chapter 3).

959Q.— (1) (a) This Chapter does not affect the giving of a notice under any of the specified provisions and does not remove from any person any obligation or requirement imposed on the person by such a notice.

(b) The giving of a notice under any of the specified provisions to a person does not remove from that person any obligation to prepare and deliver a return under this Chapter.

(c) The giving by a chargeable person of a notice pursuant to section 876 does not remove from the person an obligation to prepare and deliver a return under this Chapter.

(2) (a) The Collector-General may designate an address for the delivery of returns which in accordance with this Chapter are required to be delivered to the Collector-General.

(b) Where the Collector-General designates an address under paragraph (a), that address shall be published in Iris Oifigiúil as soon as is practicable after such designation.

Chargeable Persons: Self Assessments

Inclusion of self assessment in return.

959R.— (1) Subject to sections 959S and 959T, every return prepared and delivered under Chapter 3 in respect of a chargeable period shall include a self assessment by the chargeable person to whom the return relates.

(2) A self assessment shall be made in, and as part of, the return and shall include such details as the Revenue Commissioners may require.

(3) The details referred to in subsection (2) shall include an assessment by the chargeable person, in accordance with the Acts, for the chargeable period involved of—

(a) the amount of the income, profits or gains or, as the case may be, chargeable gains arising to the person for the period,

(b) the amount of tax chargeable on the person for the period,

(c) the amount of tax payable by the person for the period, and

(d) the balance of tax, taking account of any amount of tax paid directly by the person to the Collector-General for the period, which under the Acts—

(i) is due and payable by the person to the Revenue Commissioners for the period, or

(ii) is repayable by the Revenue Commissioners to the person for the period.

(4) (a) Where a self assessment relates to tax chargeable on a person under more than one of the Acts, the self assessment shall identify the amount of tax chargeable under each of the Acts.

(b) Where by virtue of an enactment other than the Acts, an amount due under that enactment is to be assessed and charged as if it were an amount of income tax, the self assessment shall include such amount and shall identify the amount so chargeable by virtue of that enactment.

(c) A self assessment shall include and identify the amount of any surcharge which, under section 1084, is required to be included in the assessment for the chargeable period.

(5) Subject to subsection (6), where the obligation to make a return for a chargeable period is treated as fulfilled under Chapter 6 of Part 38 and the chargeable person—

(a) includes a self assessment in the return in accordance with an indicative tax calculation provided by the electronic system that is made available by the Revenue Commissioners for the purposes of that Chapter, and

(b) pays tax in accordance with that calculation,

then, in the event that the indicative tax calculation is incorrect—

(i) any additional tax due for the chargeable period that arises by reason of the indicative tax being incorrect shall be deemed to be due and payable not later than one month from the date of amendment of the self assessment, and

(ii) Part 47 does not apply to the extent that the return included a self assessment that was in accordance with the indicative tax calculation.

(6) Subsection (5) applies where the chargeable person retains either an electronic or printed record of the indicative tax calculation and, on request from a Revenue officer, submits a copy of that record, and the various elements of the calculation are in accordance with the information, statements and particulars provided in the return.

Option for self assessment to be made by Revenue.

959S.— (1) An individual who is chargeable to income tax or capital gains tax for a tax year shall not be required to comply with section 959R where a return, which is delivered by means other than electronic means, is delivered on or before 31 August in the tax year following the tax year to which the return relates.

(2) Where subsection (1) applies, a Revenue officer shall make the self assessment on behalf of the chargeable person in accordance with section 959U.

Self assessment by person acting under authority.

959T.— Where a return is prepared and delivered in accordance with section 959L by another person acting under the chargeable person’s authority—

(a) the self assessment required under section 959R shall be made by that other person, and

(b) where the self assessment is so made by that other person—

(i) the Acts apply as if it had been made by the chargeable person, and

(ii) a self assessment purporting to have been made by or on behalf of any chargeable person shall for the purposes of the Acts be deemed to have been made by that person or by that person’s authority, as the case may be, unless the contrary is proved.

Self assessment by Revenue officer in relation to chargeable person.

959U.— (1) Where a chargeable person, or a person to whom section 959T applies, delivers a return but does not include a self assessment in the return, a Revenue officer, subject to section 959AA(1)—

(a) shall, where section 959S applies, and

(b) may, in any other case,

make the self assessment in relation to the chargeable person.

(2) Where a self assessment is made under this section, a Revenue officer shall give notice of the assessment in accordance with section 959E.

(3) Any self assessment made by a Revenue officer under this section shall be deemed to be a self assessment made by the chargeable person and references in the Acts to the self assessment of a chargeable person shall be treated as including a self assessment made under this section.

Amendment by chargeable person of return and of self assessment in return.

959V.— (1) Subject to the provisions of this section, a chargeable person may, by notice to the Revenue Commissioners, amend the return delivered by him or her for a chargeable period.

(2) Where a return is amended in accordance with subsection (1), the chargeable person shall as part of that notice amend the self assessment for the chargeable period at the same time.

(3) Subject to subsection (4), notice under this section shall be given in writing to a Revenue officer in the Revenue office dealing with the tax affairs of the chargeable person.

(4) Notice under this section may be given by electronic means where the facility to give notice by electronic means is made available by the Revenue Commissioners.

(5) Where another person, as referred to in section 959L, is acting under the chargeable person’s authority—

(a) notice under subsections (1) and (2) may be given by that other person, and

(b) where notice is so given by that other person—

(i) the Acts apply as if the return and the self assessment had been amended by the chargeable person, and

(ii) a return and a self assessment purporting to have been amended by or on behalf of any chargeable person shall for the purposes of the Acts be deemed to have been amended by that person or by that person’s authority, as the case may be, unless the contrary is proved.

(6) Subject to subsection (7), notice under this section may be given not later than one year after the specified return date for the chargeable period, but only if the amendment to which the notice relates is not prohibited—

(a) by any other provision of the Acts, or

(b) by virtue of the operation of a period shorter than that period of one year in any such provision.

(7) Notice under this section shall not be given in relation to a return and a self assessment after a Revenue officer has started to make enquiries under section 959Z in relation to the return or self assessment or after he or she has commenced an audit or other investigation which relates to the tax affairs of the person to whom the return or self assessment relates for the chargeable period involved.

Making of self assessment in accordance with return.

959W.— (1) A self assessment made by a chargeable person under section 959R shall be made by reference to the particulars contained in the chargeable person’s return for the chargeable period involved.

(2) A self assessment amended by a chargeable person under section 959V shall be amended by reference to the particulars contained in the chargeable person’s return, as amended by notice under that section, for the chargeable period involved.

(3) A self assessment made by a Revenue officer in relation to a chargeable person under section 959U shall be made by reference to the particulars contained in the chargeable person’s return for the chargeable period involved.

(4) Nothing in this Chapter prevents a Revenue officer from making a Revenue assessment on a chargeable person under Chapter 5 and where a Revenue officer makes an assessment under that Chapter any self assessment previously made under this Chapter shall, for the purposes of determining the chargeable person’s liability to tax for the chargeable period, be treated as if it had not been made and shall be void for such purposes.

(5) Nothing in this Chapter prevents a Revenue officer from amending, under Chapter 5, a self assessment previously made under this Chapter.

Penalty for failure to make or amend self assessment.

959X.— (1) A person who is required under this Chapter to make a self assessment in a return prepared and delivered under Chapter 3 for a chargeable period and who does not make the self assessment in the return shall be liable to a penalty of €250.

(2) A person who is required under this Chapter to amend a self assessment in a return amended by notice under section 959V for a chargeable period and who does not amend the self assessment in the return shall be liable to a penalty of €100.

Revenue Assessments and Enquiries and Related Time Limits

Chargeable persons and other persons: assessment made or amended by Revenue officer.

959Y.— (1) Subject to the provisions of this Chapter, a Revenue officer may at any time—

(a) make a Revenue assessment on a person for a chargeable period in such sum as, according to the officer’s best judgment, ought to be charged on the person,

(b) amend a Revenue assessment on, or a self assessment in relation to, a person for a chargeable period in such manner as he or she considers necessary, notwithstanding that—

(i) tax may have been paid or repaid in respect of the assessment, or

(ii) the assessment may have been amended on a previous occasion or on previous occasions.

(2) For the purpose of making any assessment on a chargeable person for a chargeable period or for the purpose of amending such an assessment, a Revenue officer—

(a) may accept either in whole or in part any statement or other particular contained in a return delivered by the chargeable person for that chargeable period, and

(b) may assess any amount of income, profits or gains or, as the case may be, chargeable gains, or allow any allowance, deduction, relief or tax credit by reference to such statement or particular.

(3) The amendment of an assessment by a Revenue officer does not preclude that Revenue officer or any other Revenue officer from further amending the assessment in such manner as he or she considers necessary.

(4) (a) Where any amount of income, profits or gains or, as the case may be, chargeable gains is omitted from, or not properly reflected in, an assessment for a chargeable period or the tax stated in an assessment is less than the tax payable by the chargeable person for the chargeable period, then a Revenue officer may make such amendments to the assessment as are necessary to ensure that the assessment includes the correct amount or to ensure that the tax stated in the assessment is equal to the tax payable by the chargeable person for the chargeable period.

(b) For the purposes of paragraph (a), the amendment of an assessment by a Revenue officer may include the addition of an amount of income, profits or gains or, as the case may be, chargeable gains that is not reflected in the assessment.

Right of Revenue officer to make enquiries.

959Z.— (1) A Revenue officer may, subject to this section, make such enquiries or take such actions within his or her powers as he or she considers necessary to satisfy himself or herself as to—

(a) whether a person is chargeable to tax for a chargeable period,

(b) whether a person is a chargeable person as respects a chargeable period,

(c) the amount of income, profit or gains or, as the case may be, chargeable gains in relation to which a person is chargeable to tax for a chargeable period, or

(d) the entitlement of a person to any allowance, deduction, relief or tax credit for a chargeable period.

(2) The making of an assessment or the amendment of an assessment in accordance with section 959Y(2) by reference to any statement or particular referred to in paragraph (a) of that section does not preclude a Revenue officer from, subject to this section, making such enquiries or taking such actions within his or her powers as he or she considers necessary to satisfy himself or herself as to the accuracy or otherwise of that statement or particular.

(3) Subject to subsection (4), any enquiries or actions to which either subsection (1) or (2) applies shall not be made in the case of a chargeable person for a chargeable period at any time after the expiry of the period of 4 years commencing at the end of the chargeable period in which the chargeable person has delivered a return for the chargeable period.

(4) Enquiries and actions to which either subsection (1) or (2) applies may be made at any time in relation to a person or a return for a chargeable period where—

(a) any of the circumstances referred to in paragraph (a), (b) or (c) of section 959AC(2) apply,

(b) a Revenue officer has reasonable grounds for believing, in accordance with section 959AD(3), that any form of fraud or neglect has been committed by or on behalf of the person in connection with or in relation to tax due for the chargeable period.

(5) A chargeable person who is aggrieved by any enquiry made or action taken by a Revenue officer under this section for a chargeable period, after the expiry of the period referred to in subsection (3) in respect of that chargeable period, on the grounds that the chargeable person considers that the Revenue officer is precluded from making that enquiry or taking that action by reason of that subsection may, by notice in writing given to the Revenue officer within 30 days of the officer making that enquiry or taking that action, appeal to the Appeal Commissioners, and the Appeal Commissioners shall hear the appeal in all respects as if it were an appeal against an assessment.

(6) Any action required to be taken by the chargeable person and any further action proposed to be taken by a Revenue officer pursuant to the officer’s enquiry or action shall be suspended pending the determination of the appeal.

(7) If on the hearing of the appeal the Appeal Commissioners determine that the Revenue officer was precluded from making the enquiry or taking action by reason of subsection (3), then the chargeable person shall not be required to take any action pursuant to the officer’s enquiry or action and the officer shall be prohibited from pursuing his enquiry or action.

(8) If on the hearing of the appeal the Appeal Commissioners determine that the Revenue officer was not precluded from making the enquiry or taking action by reason of subsection (3), then the officer may continue with his or her enquiry or action.

(9) Nothing in this section affects the operation of section 811 or 811A.

Chargeable persons: time limit on assessment made or amended by Revenue officer.

959AA.— (1) Where a chargeable person has delivered a return for a chargeable period and has made in the return a full and true disclosure of all material facts necessary for the making of an assessment for the chargeable period—

(a) an assessment for that period, or

(b) an amendment of an assessment for that period,

shall not be made by a Revenue officer on the chargeable person after the end of 4 years commencing at the end of the chargeable period in which the return is delivered and—

(i) no additional tax shall be payable by the chargeable person after the end of that period of 4 years, and

(ii) no tax shall be repaid after the end of a period of 4 years commencing at the end of the chargeable period for which the return is delivered,

by reason of any matter contained in the return.

(2) Nothing in this section prevents a Revenue officer from, at any time, amending an assessment for a chargeable period—

(a) where the return for the period does not contain a full and true disclosure of all material facts necessary for the making of an assessment for that period,

(b) to give effect to a determination on any appeal against an assessment or against a determination to which section 949 applies,

(c) to take account of any fact or matter arising by reason of an event occurring after the return is delivered,

(d) to correct an error in calculation in the assessment, or

(e) to correct a mistake of fact whereby any matter in the assessment does not properly reflect the facts disclosed by the chargeable person,

and tax shall be paid or repaid (notwithstanding any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made) where appropriate in accordance with any such amendment.

(3) Nothing in this section affects the operation of section 804(3), 811, 811A or 1048.

Persons other than chargeable persons: time limit on Revenue assessment and amended assessment.

959AB.— (1) Subject to the other provisions of this section and section 997, a Revenue assessment on a person other than a chargeable person may be made or amended by a Revenue officer at any time not later than 4 years after the end of the chargeable period to which the assessment relates.

(2) In a case in which emoluments to which subsection (3) applies are received in a year of assessment subsequent to that for which they are assessable, a Revenue assessment on a person other than a chargeable person may be made or amended by a Revenue officer at any time not later than 4 years after the end of the year of assessment in which the emoluments were received.

(3) The emoluments to which this subsection applies are emoluments within the meaning of section 112(2), including any payments chargeable to tax by virtue of section 123 and any sums which by virtue of Chapter 3 of Part 5 are to be treated as perquisites of a person’s office or employment, being emoluments, payments or sums other than those taken into account in an assessment to income tax for the year of assessment in which they are received and, for the purposes of subsection (2)—

(a) any such payment shall, notwithstanding anything in section 123(4), be treated as having been received at the time it was actually received, and

(b) any such sums which are not actually paid to that person shall be treated as having been received at the time when the relevant expenses were incurred or are treated for the purposes of Chapter 3 of Part 5 as having been incurred.

(4) Nothing in this section affects the operation of section 811 or 811A.

Chargeable persons: Revenue assessment and amendment of assessments in absence of return, etc.

959AC.— (1) In this section ‘information’ includes information received from a member of the Garda Síochána.

(2) Notwithstanding section 959AA, where in relation to a chargeable person—

(a) the person fails to deliver a return for a chargeable period,

(b) a Revenue officer is not satisfied with the sufficiency of a return delivered by the person having regard to any information received in that regard, or

(c) a Revenue officer has reasonable grounds for believing that a return delivered by the person does not contain a full and true disclosure of all material facts necessary for the making of an assessment for the chargeable period,

then a Revenue officer may, at any time, make a Revenue assessment on the chargeable person for the chargeable period in such sum as, according to the best of the officer’s judgment, ought to be charged on that person.

(3) Where a Revenue officer makes a Revenue assessment on a chargeable person under this section in the event of the failure of the person to deliver a return, it shall not be necessary to set out in the notice of assessment any particulars other than the amount of tax payable by the person for the chargeable period on the basis of that assessment.

(4) In any of the circumstances referred to in subsection (2), a Revenue officer may, at any time, amend a Revenue assessment on, or a self assessment in relation to, a chargeable person for the chargeable period involved in such manner as the officer considers necessary.

Chargeable persons and other persons: Revenue assessment and amendment of assessments where there is fraud or neglect.

959AD.— (1) In this section ‘neglect’ means negligence or a failure to give any notice, to make any return, statement or declaration, or to produce or furnish any list, document or other information required by or under the Acts.

(2) For the purposes of subsection (1), a person shall be deemed not to have failed to do anything required to be done within a limited time if the person did it within such further time, if any, as the Revenue Commissioners or Revenue officer concerned may have allowed and, where a person had a reasonable excuse for not doing anything required to be done, the person shall be deemed not to have failed to do it if the person did it without unreasonable delay after the excuse had ceased.

(3) Notwithstanding sections 959AA and 959AB, where a Revenue officer has reasonable grounds for believing that any form of fraud or neglect has been committed by or on behalf of a person in connection with or in relation to tax due for a chargeable period, a Revenue officer may, at any time, make a Revenue assessment on that person for the chargeable period.

(4) An assessment to which this section applies shall be made by a Revenue officer in such sum as, according to the best of the officer’s judgment, ought to be charged on the person involved.

(5) In the circumstances referred to in subsection (3), a Revenue officer may, at any time, amend a Revenue assessment on, or a self assessment in relation to, a person for a chargeable period in such manner as the officer considers necessary.

Other Revenue assessments and miscellaneous matters.

959AE.— (1) Nothing in this Chapter prevents an inspector or other Revenue officer from making an assessment in accordance with—

(a) section 960Q,

(b) section 977(3) or subsection (2) or (3) of section 978, as appropriate, and, notwithstanding Chapter 7, tax specified in such an assessment shall be due and payable in accordance with section 979,

(c) subsection (5A) or (6), as appropriate, of section 980 and, notwithstanding Chapter 7, tax specified in such an assessment shall be due and payable in accordance with that section 980, or

(d) section 1042 and, notwithstanding Chapter 7, tax specified in such an assessment shall be due and payable in accordance with that section.

(2) Subject to subsection (1), an assessment under this Chapter shall not be made on a chargeable person for a chargeable period at any time before the specified return date for the chargeable period unless at that time the chargeable person has delivered a return for the chargeable period.

(3) Nothing in this Chapter affects the right of an inspector or other Revenue officer to make or amend an assessment where a provision of the Acts (other than this Chapter) includes either a right to assess or charge a person to tax or a right to make or amend an assessment on a person.

(4) An assessment which is otherwise final and conclusive shall not for any purpose of the Acts be regarded as not final and conclusive or as ceasing to be final and conclusive by reason only of the fact that a Revenue officer has amended or may amend the assessment.

Appeals

Chargeable persons and other persons: appeal in relation to time limit on assessment made or amended by Revenue officer.

959AF.— (1) A person who is aggrieved by an assessment made by a Revenue officer, or the amendment of an assessment by a Revenue officer, on the grounds that the person considers that the Revenue officer was precluded from making the assessment or, as the case may be, the amendment—

(a) in the case of a chargeable person, by reason of section 959AA, or

(b) in the case of a person other than a chargeable person, by reason of section 959AB or section 997,