Finance Act 2013

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SCHEDULE 1

Amendment of Assessing Rules Including Rules for Self- Assessment

Section 92 .

PART 1

Amendment of Part 41A of the Taxes Consolidation Act 1997

Part 41A of the Taxes Consolidation Act 1997 is amended—

(a) in section 959A by substituting the following for the definition of “amount of tax chargeable on a person”:

“ ‘amount of tax chargeable’, in relation to a person and an Act, means the amount of tax chargeable on the person under the Act after taking into account—

(a) each allowance, deduction or relief that is authorised by the Act to be given to the person against income, profits or gains or, as applicable, chargeable gains, and

(b) in the case of an individual to whom Chapter 2A of Part 15 applies, any increase in the taxable income of the individual by virtue of that Chapter;”,

(b) in section 959A by substituting the following for the definition of “amount of tax payable by a person”:

“ ‘amount of tax payable’, in relation to a person and an Act, means the amount of tax payable by the person after reducing the amount of tax chargeable on the person under the Act by the amount of any tax credit that is authorised by the Act in relation to that person;”,

(c) in section 959A, in the definition of “specified provisions”, by substituting “and (d)” for “and (b)”,

(d) in section 959A by substituting the following for the definition of “tax credit”:

“ ‘tax credit’, in relation to a person and an Act, means an amount authorised by the Act to be given or set against, or deducted from, the amount of tax chargeable on the person under the Act;”,

(e) in section 959B by inserting the following after subsection (3):

“(4) (a) References in this Part to tax payable, tax which would be payable or tax found to be payable shall be construed in accordance with the definition of ‘amount of tax payable’ in section 959A and any related references shall also be construed accordingly.

(b) Paragraph (a) shall apply regardless of the type of tax to which the reference applies.”,

(f) in section 959C(4)(d) by substituting the following for subparagraph (ii):

“(ii) is overpaid by the person for the period and which, subject to the Acts, is available for offset or repayment by the Revenue Commissioners.”,

(g) in section 959E(4)(d) by substituting the following for subparagraph (ii):

“(ii) is overpaid by the person for the period and which, subject to the Acts, is available for offset or repayment by the Revenue Commissioners,”,

(h) in section 959E(6)(c) by substituting “of each” for “of any”,

(i) in section 959F by substituting the following for subsection (3):

“(3) Where it is proved to the satisfaction of the Revenue Commissioners that any double assessment has been made and that payment has been made on both assessments, they shall, subject to section 865B, offset the amount of the overpayment (in whole or in part as appropriate) against any other liability of that person in accordance with section 960H or, as the case may be but subject to section 865, repay the amount of the overpayment (or the balance of it after any offset) to the person on whom the double assessment has been made.”,

(j) in section 959M(b) by inserting “to that partner” after “had been given”,

(k) in section 959P(1), in the definition of “letter of expression of doubt”, by substituting the following for paragraph (b):

“(b) specifies the doubt, the basis for the doubt and the law giving rise to the doubt,”,

(l) in section 959P(1), in the definition of “letter of expression of doubt”, by substituting the following for paragraph (d):

“(d) lists or identifies the supporting documentation that is being submitted to the appropriate inspector in relation to the matter, and”,

(m) in section 959P(2) by deleting “and” at the end of paragraph (i), by substituting “return, and” for “return.” in paragraph (ii) and by inserting the following after paragraph (ii):

“(iii) submit supporting documentation to the appropriate inspector in relation to the matter.”,

(n) in section 959P by substituting the following for subsection (3):

“(3) This section applies only if—

(a) the return referred to in subsection (2) is delivered to the Collector-General, and

(b) the documentation referred to in paragraph (iii) of that subsection is delivered to the appropriate inspector,

on or before the specified return date for the chargeable period involved.”,

(o) in section 959P by inserting the following after subsection (3):

“(3A) (a) The documentation referred to in subsection (3)(b) shall be delivered by electronic means where the return referred to in subsection (2) is delivered by electronic means.

(b) The electronic means by which the documentation referred to in subsection (3)(b) shall be delivered shall be such electronic means as may be specified by the Revenue Commissioners for that purpose.”,

(p) in section 959P(6) by deleting paragraph (a) and by substituting the following for paragraph (b):

“(b) the officer is of the opinion, having regard to any guidelines published by the Revenue Commissioners on the application of the law in similar circumstances and to any relevant supporting documentation delivered to the appropriate inspector in relation to the matter in accordance with subsections (2) and (3), that the matter is sufficiently free from doubt as not to warrant an expression of doubt, or”,

(q) in section 959R(3)(d) by substituting the following for subparagraph (ii):

“(ii) is overpaid by the person for the period and which, subject to the Acts, is available for offset or repayment by the Revenue Commissioners.”,

(r) in section 959S by inserting the following after subsection (2):

“(3) This section shall not apply to an individual who is, by virtue of section 917EA, a specified person who is required to deliver the return concerned by electronic means.”,

(s) in section 959V(1) by substituting “by that person” for “by him or her”,

(t) in section 959V by substituting the following for subsection (4):

“(4) (a) Notice under this section in relation to the amendment of a return and a self assessment shall be given by electronic means where the return was delivered by electronic means.

(b) The electronic means by which notice under this section shall be given shall be such electronic means as may be specified by the Revenue Commissioners for that purpose.”,

(u) in section 959V by substituting the following for subsection (6):

“(6) (a) Subject to paragraph (b) and subsection (7), notice under this section in relation to a return and a self assessment may only be given within a period of 4 years after the end of the chargeable period to which the return relates.

(b) Where a provision of the Acts provides that a claim for an exemption, allowance, credit, deduction, repayment or any other relief from tax is required to be made within a period shorter than the period of 4 years referred to in paragraph (a), then notice of an amendment under this section shall not be given after the end of that shorter period where the amendment relates to either the making or adjustment of a claim for such exemption, allowance, credit, deduction, repayment or other relief.”,

(v) in section 959Y—

(i) in subsection (1)(a) by substituting “in such amount” for “in such sum”, and

(ii) in subsection (2) by substituting “an assessment on or in relation to” for “any assessment on”,

(w) in section 959AB—

(i) in subsection (1) by deleting “and section 997”, and

(ii) in subsection (2) by inserting “for the year of assessment for which the emoluments are assessable” after “Revenue officer”,

(x) in section 959AF(1)—

(i) in paragraph (a) by substituting “section 959AA, 959AC or 959AD” for “section 959AA”, and

(ii) in paragraph (b) by substituting “section 959AB or 959AD” for “section 959AB or section 997”,

(y) in section 959AN by inserting the following after subsection (2):

“(2A) Reference in subsection (2) to the amount of tax which in the opinion of the chargeable person is likely to become payable shall be construed in accordance with the definition of ‘amount of tax payable’ in section 959A.”,

and

(z) in each provision referred to in column (2) of the Table to this Schedule, the words or reference set out in column (3) of the Table are to be deleted and the words or reference opposite the entry in column (3), as set out in column (4) of the Table, are to be inserted.

TABLE

PART 2

Other amendments of the Taxes Consolidation Act 1997

The Taxes Consolidation Act 1997 is amended—

(a) in section 95(3) by substituting “4 years” for “10 years”,

(b) in section 110(1), in paragraph (f) of the definition of “qualifying company”, by substituting “section 959A” for “section 950”,

(c) in section 304(5) by substituting “by means of an assessment or, as the case may be, an amendment of an assessment on or in relation to the person for that period” for “by means of an assessment in addition to any other assessment to be made on the person for that period”,

(d) in section 472D(9) by substituting—

(i) “Part 41A or section 1084” for “section 950 or 1084”, and

(ii) “Part 41A” for “Part 41”,

(e) in section 811(5A)(b) by inserting “or 41A” after “Part 41”,

(f) in section 825C(8) by substituting—

(i) “Part 41A or section 1084” for “section 950 or 1084”, and

(ii) “Part 41A” for “Part 41”,

(g) in section 932 by substituting “Except as provided in Part 41A or where otherwise expressly authorised” for “Except where expressly authorised”,

(h) in section 997(1) by inserting “against the amount of tax chargeable in the assessment on the person assessed” after “from the emoluments”,

(i) in section 997(1A) by substituting “Subject to sections 959AB and 959AD” for “Notwithstanding subsection (1)”, and

(j) in section 997A(3) by substituting “shall be given against the amount of tax chargeable in any assessment” for “shall be given in any assessment”.