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Amendment of section 8 (accountable persons) of Principal Act.
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79.—Section 8 of the Principal Act is hereby amended—
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(a) in subsection (1) (inserted by the Act of 1978) by the substitution of “subsections (2), (2A) and (8)” for “subsections (2) and (2A)”, and
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(b) by the substitution of the following subsection for subsection (8) (inserted by the Act of 1978):
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“(8) (a) Where the Revenue Commissioners are satisfied that two or more persons established in the State are closely bound by financial, economic and organisational links and that it would be expedient in the interest of efficient administration of the tax to do so then, subject to such conditions as they may impose by regulations, the said Commissioners, for the purpose of this Act, may—
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(i) by notice in writing to each of the persons concerned, deem the activities relating to those links to be carried on by any one of the persons, and all transactions by or between such persons shall be deemed, for that purpose, to be transactions by that one person and all rights and obligations under this Act shall be determined accordingly, and
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(ii) make each such person jointly and severally liable to comply with all the provisions of this Act and regulations (including the provisions requiring the payment of tax) that apply to each of those persons and subject to the penalties under this Act to which they would be subject if each such person was liable to pay to the Revenue Commissioners the whole of the tax chargeable, apart from regulations under this subsection, in respect of each such person:
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Provided that this subsection shall not apply in the case of:
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(I) the supply of immovable goods by any such person to any other such person, or
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(II) the transfer of ownership of goods specified in section 3 (5) (b) (iii) from any such person to any other such person, except where, apart from the provisions of this subsection, each of the persons whose activities are deemed to be carried on by that one person is a taxable person.
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(b) The Revenue Commissioners may by notice in writing to each of the persons whose activities are, by virtue of a notification issued in accordance with paragraph (a) (i), deemed to be carried on by one of those persons, and as on and from the date specified in the notice (which date shall not be earlier than the date of issue of the notice) cancel the notification under the said paragraph; and as on and from the date specified in the said notice the provisions of the Act and regulations shall apply to all the persons as aforesaid as if a notification under the said paragraph had not been issued, but without prejudice to the liability of any of the persons for tax or penalties in respect of anything done or not done during the period for which the said notification was in force.
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(c) The Revenue Commissioners may, for the purpose of this subsection, deem a person engaged in the supply of non-taxable goods or services in the course or furtherance of business to be a taxable person.”.
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