Finance Act, 2000

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“Offset between taxes.

1006A.—(1) In this section—

‘Acts’ means—

(a) the Tax Acts,

(b) the Capital Gains Tax Acts,

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

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

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

(f) the Stamp Duties Consolidation Act, 1999 ,

(g) Part VI of the Finance Act, 1983 , and the enactments amending or extending that Part,

(h) Chapter IV of Part II of the Finance Act, 1992 ,

and any instrument made thereunder;

‘claim’ means a claim that gives rise to a repayment of tax under any of the Acts and includes part of such a claim;

‘liability’ means any tax, duty, levy or other charge due or estimated to be due under the Acts for a taxable period, income tax month, income tax year, chargeable period or chargeable event, as appropriate;

‘overpayment’ means a payment or remittance under the Acts (including part of such a payment or remittance) which is in excess of the amount of the liability against which it is credited.

(2) Notwithstanding any other provision of the Acts, where the Revenue Commissioners are satisfied that a person has not complied with all the obligations imposed on the person by the Acts, in relation to—

(a) the payment of a liability required to be paid, and

(b) the delivery of returns required to be made,

they may instead of making a repayment to the person in respect of any claim or overpayment made by the person set the amount of the claim or overpayment against any liability due under the Acts.

(3) The Revenue Commissioners shall make regulations for the purpose of giving effect to this section and, without prejudice to the generality of the foregoing, such regulations shall provide for the order of priority of liabilities due under the Acts against which any claim or overpayment is to be set in accordance with subsection (2).

(4) Every regulation made under this section shall be laid before Dáil Éireann as soon as may be after it is made and, if a resolution annulling the regulation is passed by Dáil Éireann within the next 21 days on which Dáil Éireann has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Appropriation of payments.

1006B.—(1) In this section—

‘Acts’ means—

(a) the Tax Acts.

(b) the Capital Gains Tax Acts,

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

and any instruments made thereunder;

‘payment’ means a payment or a remittance of a liability under the Acts and includes part of such a payment or remittance;

‘liability’ means any tax or charge due under the Acts for a taxable period, income tax month, income tax year or chargeable period, as appropriate.

(2) Notwithstanding any other provision of the Acts, where a payment is received by the Revenue Commissioners from a person and it cannot reasonably be determined by the Revenue Commissioners from the instructions, if any, which accompanied the payment which liabilities the person wishes the payment to be set against, the Revenue Commissioners may set the payment against any liability due by the person under the Acts.

(3) The Revenue Commissioners shall make regulations for the purpose of giving effect to this section and, without prejudice to the generality of the foregoing, such regulations shall provide for the order of priority of liabilities due under the Acts against which a payment is to be set in accordance with subsection (2).

(4) Every regulation made under this section shall be laid before Dáil Éireann as soon as may be after it is made and, if a resolution annulling the regulation is passed by Dáil Éireann within the next 21 days on which Dáil Éireann has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.”.