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Amendment of section 891J of Principal Act (return of certain information by Reporting Platform Operators)
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103. Section 891J of the Principal Act is amended—
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(a) in subsection (3)—
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(i) in paragraph (a), by the substitution of “paragraph (c)” for “paragraph (b)”,
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(ii) by the insertion of the following paragraphs after paragraph (d):
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“(e) Subject to paragraph (f), where a platform operator, registered under paragraph (a) by virtue of subparagraph (ii) of the said paragraph (a), does not comply with its obligations under this section, or regulations made under this section, the Revenue Commissioners shall revoke the Platform Operator ID assigned to the platform operator concerned under paragraph (b).
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(f) The Platform Operator ID shall not be revoked under paragraph (e) before—
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(i) the Revenue Commissioners have issued 2 reminders in writing to the platform operator of the obligations imposed on that platform operator under this section, and
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(ii) the expiration of 30 days from the date of the second such reminder referred to in subparagraph (i).
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(g) Where a platform operator’s Platform Operator ID has been revoked under paragraph (e), the Platform Operator ID shall not be reinstated, or a new Platform Operator ID shall not be issued to the platform operator, until the platform operator demonstrates, by way of documentary evidence to the satisfaction of the Revenue Commissioners, and provides the Revenue Commissioners with a written assurance, that it will comply with the obligations imposed under this section and the regulations made under this section.”,
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(b) in subsection (7)—
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(i) by the substitution of the following paragraph for paragraph (b):
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“(b) Where a reportable seller does not provide the relevant information to the reporting platform operator, the reporting platform operator shall on the day immediately following the expiration of the period referred to in paragraph (c)(ii) (referred to in paragraph (ba) as ‘the relevant date’) and until such time as the relevant information has been provided—
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(i) either—
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(I) subject to paragraph (ba), withhold payment of any consideration due to the reportable seller, or
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(II) close the account of the reportable seller and prevent the reportable seller from reopening the account,
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and
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(ii) prevent the reportable seller from opening a new account with the reporting platform operator.”,
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and
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(ii) by the insertion of the following paragraph after paragraph (b) (amended by subparagraph (i)):
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“(ba) Where a reporting platform operator has withheld payment of consideration due to a reportable seller pursuant to clause (I) of paragraph (b)(i), and the reportable seller does not provide the relevant information to the reporting platform operator within 24 months of the relevant date, the reporting platform operator shall pay to the reportable seller any consideration withheld in accordance with the said clause (I) and, until such time as the relevant information has been provided, take the actions specified in clause (II) of paragraph (b)(i) in respect of the reportable seller concerned.”,
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(c) in subsection (10)(d)—
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(i) by the substitution of the following subparagraph for subparagraph (ii):
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“(ii) closes the account of a reportable seller and prevents the reportable seller from reopening the account pursuant to paragraph (b)(i)(II) or (ba) of subsection (7),”,
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(ii) in subparagraph (iii), by the substitution of “subsection (7)(b)(ii), or” for “subsection (7)(b)(i)(III),”,
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(iii) in subparagraph (iv), by the substitution of “subsection (7)(ba)” for “subsection (7)(b)(i)(A)”, and
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(iv) by the deletion of subparagraphs (v) and (vi),
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and
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(d) in subsection (16)(b)(ii), by the substitution of “paragraphs (b) and (ba) of subsection (7)” for “subsection (7)(b)”.
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