Finance (Tax Appeals) Act 2015

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Finance (Tax Appeals) Act 2015.

(2) This Act comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.

2. Interpretation

2. In this Act—

“Act of 1997” means the Taxes Consolidation Act 1997;

“Appeal Commissioner” or “Commissioner” means, unless the context otherwise requires, a member of the Commission;

F1["chairperson" means the chairperson of the Commission;]

“Commission” shall be read in accordance with section 3(1);

“establishment day” shall be read in accordance with section 3(2);

“Minister” means the Minister for Finance;

“Taxation Acts” means—

(a) the Tax Acts (within the meaning of section 1 of the Act of 1997),

(b) the Capital Gains Tax Acts (within the meaning of section 1 of the Act of 1997),

F2[(c) Parts 4A, 18A to 18D and 22A of the Act of 1997,]

F3[(ca) Part 22B of the Act of 1997,]

(d) the Stamp Duties Consolidation Act 1999, 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 Value-Added Tax Consolidation Act 2010, and the enactments amending or extending that Act,

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

(h) the Customs Act 2015, and the enactments amending or extending that Act,

(i) the Finance (Local Property Tax) Act 2012, and the enactments amending or extending that Act,

F4[(j) the Energy (Windfall Gains in the Energy Sector) (Temporary Solidarity Contribution) Act 2023,]

and any instrument made thereunder and any instrument that is made under any other enactment and which relates to tax (including in respect of stamp duties and of duties relating to customs and excise).

PART 2 Tax Appeals Commission

3. Establishment of Tax Appeals Commission

3. (1) There shall stand established, on the establishment day, a body to be known as An Coimisiún um Achomhairc Chánach or, in the English language, the Tax Appeals Commission, and which in this Act is referred to as the Commission.

(2) The Minister shall by order appoint a day to be the establishment day (in this Act referred to as the “establishment day”) for the purposes of this Act.

(3) The Commission shall be a body corporate with perpetual succession and an official seal and shall have power to sue, and may be sued, in its corporate name.

(4) The seal of the Commission shall be authenticated by the signatures of both a member of the Commission, and a member of the staff of the Commission authorised by the Commissioners to act in that behalf.

(5) Judicial notice shall be taken of the seal of the Commission and any document purporting to be an instrument made by, and to be sealed with the seal of, the Commission shall, unless the contrary is shown, be received in evidence and be deemed to be such instrument without further proof.

F5[(6) The Commission may enter into agreements with other persons for the purposes of the performance of the functions of the Commission.]

4. Membership of Commission

4. (1) The Commission shall consist of such and so many members as the Minister determines and appoints under section 8; each member of the Commission shall be known as an “Appeal Commissioner” and, in this Act, is referred to as a “Commissioner”.

(2) A temporary Commissioner appointed under section 9 shall not be regarded as a member of the Commission, but this is without prejudice to the provisions of that section.

4A. F6[Appointment of chairperson of Commission

4A.(1) The chairperson shall be appointed by the Minister from among persons in respect of whom a recommendation has been made undersubsection (2).

(2) The Minister shall request the Public Appointments Service to assess and select suitable candidates for appointment as the chairperson in accordance with the relevant provisions of the Public Service Management (Recruitment and Appointments) Act 2004 and, following such assessment and selection, to recommend individuals to the Minister for appointment.

(3) The Minister may, from time to time, specify requirements that he or she considers to be requirements that must be complied with by a candidate for appointment as chairperson; the Public Appointments Service, in performing its functions undersubsection (2), shall satisfy itself that those requirements are complied with by a candidate.

(4) Without prejudice to the generality ofsubsection (3), the requirements that may be specified by the Minister under that subsection include—

(a) the minimum period of practical experience, or type of practical experience, required of a candidate,

(b) the academic or professional qualifications to be possessed by a candidate, and

(c) subject to the Employment Equality Act 1998 , the health and age of a candidate.

(5) A person shall be appointed as chairperson undersubsection (1)for such term, not exceeding a period of 7 years, as the Minister determines and specifies in the appointment and, subject to this Act, shall hold office for that period accordingly.

(6) Where—

(a) a person has, in accordance withsubsection (1), already been appointed as chairperson, and

(b) that person’s first term of office as chairperson expires by passage of time,

then that person may be appointed as chairperson by the Minister for a second term.

(7) The period of that second term shall be such as the Minister determines and specifies in the reappointment, but shall not exceed 7 years.

(8) A person shall not be appointed as chairperson for more than 2 terms of office.

(9) In addition to the limit provided bysubsection (5)or(7)concerning the period of a chairperson’s term of office, the specification, under either such subsection, of a period of office shall be such as will result insection 15(1)(Commissioner must retire at retirement age) being complied with.

(10) Where a person appointed as chairperson is not a Commissioner on the date that he or she is appointed as chairperson—

(a) that person shall be deemed to be appointed as a Commissioner—

(i) on the date of his or her appointment as chairperson, and

(ii) for the term of his or her appointment as chairperson,

and

(b)section 8(7)shall apply to that person as if he or she had been appointed in accordance with section 8(2) on the date of his or her appointment as chairperson.

(11) If the circumstances specified inparagraphs (a)and(b)ofsubsection (6)apply in relation to a person but the person is not reappointed as chairperson under that subsection, the Minister shall lay a statement before Dáil Éireann giving the reason for not so reappointing the person.]

4B. F7[Resignation of chairperson

4B.(1) A chairperson may resign by written notice to the Minister stating his or her intention to do so.

(2) Such a resignation shall take effect from a date that is not less than 3 months after the date of the notice referred to insubsection (1), unless the Minister approves its taking effect on an earlier date.]

4C. F8[Removal from office of chairperson

4C.(1) The Minister may at any time, for stated reasons, remove a chairperson from office for misbehaviour.

(2) Without prejudice to subsection (1), the Minister may at any time remove a chairperson from office where the Minister considers that—

(a) the chairperson has become incapable through ill health of effectively performing his or her functions as chairperson,

(b) the chairperson’s removal is necessary or expedient for the effective performance by the Commission of its functions, or

(c) a conflict of interest (with regard to the performance by the chairperson of his or her functions) arises on the part of the chairperson of such significance that the chairperson should cease to hold office.

(3) Where the Minister removes a chairperson from office under this section, he or she shall lay a statement before Dáil Éireann giving the reason for the removal.]

4D. F9[Cessation of term of office of chairperson

4D.The term of office of a chairperson shall cease on the date that is the earliest to occur of the following:

(a) the date of the expiry of his or her term of office as chairperson;

(b) the date of his or her resignation or removal from office as a Commissioner;

(c) the date of his or her resignation or removal from office as chairperson;

(d) the date of he or she ceasing to hold office as a Commissioner in accordance withsection 18.]

4E. F10[Temporary incapacity of chairperson

4E.Where the chairperson is for any reason temporarily unable to act as chairperson, the Minister may appoint another Commissioner to be the chairperson for the duration of that inability and the Commissioner so appointed may, for that duration, perform all of the functions assigned to the chairperson.]

4F. F11[Functions of chairperson

4F.(1) The chairperson shall carry on and manage, and control generally, the administration and business of the Commission and such other functions as are assigned to him or her by or under this Act.

(2) Without prejudice to the generality ofsubsection (1), the chairperson shall perform the following functions in relation to the Commission:

(a) ensure the integrity of the Commission’s accounting and financial reporting systems;

(b) ensure that appropriate systems of control are in place, in particular systems for—

(i) risk management,

(ii) financial and operational control, and

(iii) legal compliance;

(c) ensure that the obligations of the Commission under the Freedom of Information Act 2014 are complied with;

(d) ensure that the obligations of the Commission under data protection law are complied with;

(e) ensure that the functions of the Commission are performed efficiently;

(f) determine the priority as between appeals, having regard to the interests of justice and the efficient operation of this Act and Part 40A of the Act of 1997.

(3) The chairperson shall establish and maintain efficient and effective systems and procedures so as to secure the processing, adjudication and determination of appeals in a timely and effective manner.

(4) The chairperson may issue guidelines on the operation of the provisions of this Act or Part 40A of the Act of 1997 or any particular provision of this Act or Part 40A of the Act of 1997.

(5) The chairperson may consult with the other Commissioners in relation to the administration and business of the Commission.

(6) The chairperson shall convene a meeting with the other Commissioners at least once in each year to conduct a review of the performance by the Commissioners of their functions under this Act and Part 40A of the Act of 1997 in the period between the date of the meeting and the date on which the previous meeting was convened under this subsection or, in the case of the first meeting to be convened under this subsection, the period between the date of the meeting and the date on which section 5 of the Finance (Tax Appeals and Prospectus Regulation) Act 2019 came into operation.

(7) The chairperson shall be the accounting officer in relation to the appropriation accounts of the Commission for the purposes of the Comptroller and Auditor General Acts 1866 to 1998.

(8) The chairperson shall be accountable to the Minister for the efficient and effective management of the Commission and for the due performance of his or her functions.

(9) Any function assigned by this Act to the chairperson, other than a function specified in any ofsubsections (4)to(8)orsection 4G, may be performed by any one or more of the Commission’s staff acting under the chairperson’s authority.

(10) In this section, “data protection law” means—

(a) the Data Protection Acts 1988 to 2018,

(b) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20161 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC and all law of the State giving further effect to that Regulation, and

(c) all law of the State giving effect or further effect to Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 20162 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA.]

4G. F12[Reporting to chairperson

4G.(1) The chairperson may request a Commissioner to provide a report to the chairperson in relation to the functions, or any particular function, performed by that Commissioner under this Act or Part 40A of the Act of 1997.

(2) Without prejudice to the generality ofsubsection (1), a request may be made under that subsection to provide a report in relation to the determination of an appeal by the Commissioner concerned.

(3) A request undersubsection (1)shall specify the information to be included in the report and the time within which the report is to be provided to the chairperson.

(4) The chairperson shall specify a reasonable time for the provision of a report requested undersubsection (1), taking into account the nature and extent of the information requested to be included in the report.

(5) A Commissioner shall comply with a request made undersubsection (1).]

5. Performance of Commission’s functions through Commissioners and staff

5. (1) Without prejudice to the general law in respect of bodies corporate performing, through natural persons, functions and to subsection (2) —

(a) the Commission’s functions in relation to adjudicating on, hearing, determining and disposing of appeals under this Act (or the Act of 1997), and the doing of all other things in that behalf, are performable through the Commissioners, and

(b) the provision made in respect of those matters by this Act (or the Act of 1997) is, accordingly, expressed by reference to the Commissioners and not the Commission.

(2) Any function assigned by this Act or the Taxation Acts to the Commission or the Commissioners, other than a function specified in section 6(2)(b), (f), (g), or (j), may be performed by any one or more of the Commission’s staff acting under the Commission’s authority.

(3) Notwithstanding anything in subsection (1) or (2), any proceedings by a person in respect of any decision, determination or other act to which either of those subsections applies (other than proceedings involving a right or liability personal to any officeholder or other individual mentioned in those subsections) shall be in the Commission’s corporate name, and not otherwise.

6. Functions of Commissioners

6. (1) The Commissioners may perform such functions as are assigned to them by this Act and by the Taxation Acts.

(2) Without prejudice to the generality of subsection (1), the Commissioners shall perform the following functions in relation to the Taxation Acts—

(a) deciding whether or not to accept an appeal,

(b) deciding whether to declare, under section 949N(3) (inserted by section 34) of the Act of 1997, that a refusal to accept an appeal is final,

(c) deciding on the appropriate procedure to be adopted in relation to an adjudication of an appeal,

(d) giving directions to the parties to an appeal,

(e) fixing dates, times and places for the hearing of appeals,

(f) hearing an appeal where the Commissioners have decided that a hearing is the appropriate method of adjudicating on the appeal,

(g) determining appeals,

(h) providing written determinations,

(i) publishing determinations,

(j) stating and signing cases stated for the opinion of F13[the High Court, and]

(k) F14[…]

(l) doing all such other things as they consider conducive to the resolution of disputes between appellants and the Revenue Commissioners and the establishment of the correct liability to tax of appellants.

(3) References in subsection (2) to accepting an appeal shall be read in accordance with Chapter 2 of Part 40A (inserted by section 34) of the Act of 1997.

(4) The Commissioners shall perform their functions in a manner that has regard to the need for proceedings before the Commissioners—

(a) to be accessible and fair, and

(b) to be conducted as expeditiously as possible.

(5) The Commissioners may adopt rules of procedure with respect to any of their functions and shall publish any rules so adopted.

7. Functions of Commissioners performable by one of their number

7. (1) Any provision of this Act, or the Taxation Acts, that confers a function on the Commissioners shall be read as conferring the function on, and accordingly as enabling, subject to the rules of procedure, if any, adopted under section 6(5), the function to be performed by, any one of the Commissioners.

(2) Without prejudice to the generality of subsection (1), the granting of authority of the kind referred to in section 5(2) to a member or members of staff may, subject to the rules of procedure, if any, adopted under section 6(5), be done by any one of the Commissioners.

8. Appointment of Commissioners

8. (1) In this section “Act of 2004” means the Public Service Management (Recruitment and Appointments) Act 2004.

(2) F15[Subject tosubsections (6)and(7)andsection 4A(10)], a Commissioner shall be appointed by the Minister from among persons in respect of whom a recommendation has been made under subsection (3).

(3) The Minister shall request the Public Appointments Service to assess and select suitable candidates for appointment as a Commissioner in accordance with the relevant provisions of the Act of 2004 and, following such assessment and selection, to recommend individuals to the Minister for appointment.

(4) The Minister may, from time to time, specify requirements that he or she considers to be requirements that must be complied with by a candidate for appointment as a Commissioner; the Public Appointments Service, in performing its functions under subsection (3), shall satisfy itself that those requirements are complied with by a candidate.