Finance (Local Property Tax) (Amendment) Act 2013
|
Deferral of payment. |
13.— The Principal Act is amended— | |
(a) in section 130 by inserting the following definitions: | ||
“ ‘Act of 2012’ means the Personal Insolvency Act 2012 ; | ||
‘insolvency arrangement’ means a Debt Settlement Arrangement or, as the case may be, a Personal Insolvency Arrangement (both within the meaning of section 2(1) of the Act of 2012);”, | ||
(b) in section 130 by substituting the following for “relevant event”: | ||
“ ‘relevant event’ means, in relation to a relevant residential property— | ||
(a) the sale of the property, within the meaning of section 125, by or on behalf of a liable person who has claimed a deferral, or | ||
(b) the completion of an insolvency arrangement, whether in accordance with its terms or its early termination, under Part 3 of the Act of 2012;”, | ||
(c) in section 131 by substituting the following for subsection (2): | ||
“(2) A claim for deferral shall be valid if the conditions referred to in— | ||
(a) section 132 or, as the case may be, that section and section 133, | ||
(b) section 133A (inserted by the Finance (Local Property Tax) (Amendment) Act 2013), or | ||
(c) section 133B (inserted by the foregoing Act), | ||
are met.”, | ||
(d) by inserting the following after section 133: | ||
“Personal representatives. | ||
133A.— (1) Where a liable person in relation to a relevant residential property, being the sole liable person in relation thereto, dies, the personal representative of that liable person may, on making a valid claim on that behalf to the Revenue Commissioners qualify for deferral of any local property tax that, subject to subsection (2)— | ||
(a) is due and unpaid at the date of death of that liable person, | ||
(b) in respect of which, that liable person had claimed a deferral, or | ||
(c) falls due in the period of 3 years immediately following the date of death. | ||
(2) Notwithstanding subsection (1) and subject to section 139(4), no further deferral shall be allowed— | ||
(a) after the time at which a personal representative, in respect of a relevant residential property, is in a position to— | ||
(i) transfer the property to a beneficiary, or | ||
(ii) distribute the proceeds from the sale of the property where it is sold, | ||
or | ||
(b) irrespective of whether paragraph (a), (b) or (c) of subsection (1) applies, after a period of 3 years commencing on the date of death. | ||
(3) Any deferred amount shall be payable by a personal representative— | ||
(a) at the time referred to in paragraph (a) of subsection (2), or | ||
(b) on the expiry of the period referred to in paragraph (b) of that subsection, | ||
whichever is the earlier. | ||
Personal Insolvency Act 2012. | ||
133B.— Where a liable person— | ||
(a) has entered into an insolvency arrangement, or | ||
(b) holds a relevant residential property in trust for creditors pursuant to the terms of an insolvency arrangement, | ||
the person may, on making a valid claim on that behalf to the Revenue Commissioners, qualify for deferral of any local property tax that falls due in the period for which the arrangement is in effect. | ||
Excessive financial hardship. | ||
133C.— (1) Notwithstanding sections 132 and 133 and sections 133A and 133B (inserted by the Finance (Local Property Tax) (Amendment) Act 2013), the Revenue Commissioners shall, in accordance with guidelines published by them, consider an application in writing for a deferral from a liable person who— | ||
(a) suffers a significant financial loss, or | ||
(b) incurs a significant expense, | ||
that is unexpected and that, as the case may be, could not have been, or cannot be avoided. | ||
(2) Where the Revenue Commissioners are satisfied that, as a consequence of the loss or expense referred to in subsection (1), the local property tax payable in respect of any liability date cannot, without excessive hardship, be paid when it falls to be paid, they may, in accordance with guidelines published by them, allow it to be deferred to such extent and on such conditions as they think fit. | ||
(3) Deferral shall not commence until such time as— | ||
(a) a liable person has provided the Revenue Commissioners with any information or documentation that they have requested the liable person to provide in support of the application for deferral, and | ||
(b) the Revenue Commissioners notify a liable person that the deferral is allowed. | ||
(4) For the purposes of subsections (1) to (3), the Revenue Commissioners shall publish guidelines that specify— | ||
(a) the circumstances in which an application for deferral may be accepted, | ||
(b) the manner in which an application for deferral is to be made, | ||
(c) the information or supporting documentation to be provided by the liable person, | ||
(d) the period in respect of which deferral may apply, and | ||
(e) any other matter that the Revenue Commissioners consider to be relevant.”, | ||
(e) in section 134 by substituting the following for subsection (1): | ||
“(1) Subject to section 139(1), where a liable person ceases to meet whatever conditions referred to in— | ||
(a) section 132 or, as the case may be, that section and section 133, | ||
(b) section 133A (inserted by the Finance (Local Property Tax) (Amendment) Act 2013), | ||
(c) section 133B (inserted by the foregoing Act), or | ||
(d) section 133C(2) (inserted by the foregoing Act), | ||
qualified the person for a deferral, any deferral that was allowed before such conditions ceased to be satisfied may continue.”, | ||
(f) in section 134(2) by substituting “the sections referred to in paragraphs (a) to (d) of subsection (1)” for “section 132 or, as the case may be, that section and section 133”, and | ||
(g) in section 139(1) by substituting “Any deferred amount” for “Subject to subsection (2), any deferred amount”. |