Finance Act 2005

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Amendment of provisions relating to claims by individuals.

24.—(1) The Principal Act is amended—

(a) in section 458—

(i) by inserting in subsection (1) “, subject to subsection (1B),” after “a claim in that behalf and”, and

(ii) by inserting the following after subsection (1A) (inserted by the Finance Act 2001 ):

“(1B) The requirement in subsection (1) to make a return in the prescribed form of the individual's total income shall not apply, except where the Revenue Commissioners otherwise direct, where the claim falls to be taken into account—

(a) in the making of deductions or repayments of tax under Chapter 4 of Part 42 and the regulations made under that Chapter, or

(b) except in the case of a chargeable person (within the meaning of section 950), in relation to a repayment of tax deducted under that Chapter and those regulations.”,

(b) in section 459 by inserting the following after subsection (4):

“(5) Subsections (3) and (4) shall not apply, except where the Revenue Commissioners otherwise direct, in relation to a claim which falls to be taken into account—

(a) in the making of deductions or repayments of tax under Chapter 4 of Part 42 and the regulations made under that Chapter, or

(b) except in the case of a chargeable person (within the meaning of section 950), in relation to a repayment of tax deducted under that Chapter and those regulations.”,

and

(c) in section 865—

(i) in subsection (1) by substituting the following for paragraph (b)(i):

“(i) where a person furnishes a statement or return which is required to be delivered by the person in accordance with any provision of the Acts for a chargeable period, such a statement or return shall be treated as a valid claim in relation to a repayment of tax where—

(I) all the information which the Revenue Commissioners may reasonably require to enable them determine if and to what extent a repayment of tax is due to the person for that chargeable period is contained in the statement or return, and

(II) the repayment treated as claimed, if due—

(A) would arise out of the assessment to tax, made by the inspector within the meaning of section 950 (in this clause referred to as the ‘inspector’) at the time the statement or return was furnished, on foot of the statement or return, or

(B) would have arisen out of the assessment to tax, that would have been made by the inspector at the time the statement or return was furnished, on foot of the statement or return if an assessment to tax had been made by the inspector at that time,”

and

(ii) by inserting the following after subsection (3):

“(3A)(a) Subject to paragraph (b), subsection (3) shall not prevent the Revenue Commissioners from making, to a person other than a chargeable person (within the meaning of section 950), a repayment in respect of tax deducted, in accordance with Chapter 4 of Part 42 and the regulations made thereunder, from that person's emoluments for a year of assessment where, on the basis of the information available to them, they are satisfied that the tax so deducted, and in respect of which the person is entitled to a credit, exceeds the person's liability for that year.

(b) A repayment referred to in paragraph (a) shall not be made at a time at which a claim to the repayment would not be allowed under subsection (4).”.

(2) (a) Paragraph (c)(i) of subsection (1) applies to statements or returns made on or after 3 February 2005.

(b) Subsection (1) (other than paragraph (c)(i)) applies with effect from the passing of this Act.