Taxes Consolidation Act, 1997
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Information as to arrangements for transferring relief, etc. [CTA76 s123] |
427.—(1) In this section, section 417 (3) and sections 424 to 426 , “arrangements” means arrangements of any kind, whether in writing or not. | |
(2) Where a company— | ||
(a) makes a claim for group relief, | ||
(b) being a party to a leasing contract (within the meaning of section 425 ) claims relief as mentioned in subsection (1)(b) of that section, or | ||
(c) being a member of a partnership, claims any relief which, if section 426 (3) applied in relation to it, it would not be entitled to claim, | ||
and the inspector has reason to believe that any relevant arrangements may exist, or may have existed at any time material to the claim, then, at any time after the claim is made, the inspector may serve notice in writing on the company requiring it to furnish the inspector, within such time, being not less than 30 days, from the giving of the notice as the inspector may direct, with— | ||
(i) a declaration in writing stating whether or not any such arrangements exist or existed at any material time, | ||
(ii) such information as the inspector may reasonably require for the purpose of satisfying the inspector whether or not any such arrangements exist or existed at any material time, or | ||
(iii) both such a declaration and such information. | ||
(3) In this section, “relevant arrangements”, in relation to a claim within any of paragraphs (a) to (c) of subsection (2), means arrangements referred to in the provision specified in the corresponding paragraph below— | ||
(a) section 417 (3) or subsection (3) or (4) of section 424 , | ||
(b) section 425 (1)(c), or | ||
(c) section 426 (2). | ||
(4) In a case within paragraph (a) of subsection (2), a notice under that subsection may be served on the surrendering company (within the meaning of section 411 ) instead of or as well as on the company claiming relief. | ||
(5) In a case within paragraph (c) of subsection (2), a notice under that subsection may be served on the partners instead of or as well as on the company, and accordingly may require the partners, instead of or as well as the company, to furnish the declaration, information or declaration and information concerned. |