959AB Persons other than chargeable persons: time limit on Revenue assessment and amended assessment

Summary

This section provides for a 4-year time limit, on the making and amending of assessments on persons other than chargeable persons. This limit is, in general, linked to the chargeable period to which the assessment relates. However, where certain emoluments are received in a period later than the period to which they relate, the time limit is linked to the period in which the emoluments are received. Again, there are exclusions to the 4-year time limit in sections 959AA and 959AD. The section provides that nothing in the section affects the operation of sections 811 or 811A.

Details

Revenue cannot make or amend an assessment on a person other than a chargeable person after 4 years from the end of the chargeable period to which the assessment relates.

At any time, Revenue can make or amend an assessment to give effect to bilateral Mutual Agreement Procedures (MAP) reached between Revenue and a competent authority in another jurisdiction with which Ireland has a Double Taxation Agreement (DTA) and any tax due or repayable (notwithstanding the time limits in section 865) shall be paid or repaid.

If the assessment or amended assessment relates to emoluments assessable in one chargeable period but received in the next, the 4 year period is from the year in which the emoluments are received.

Nothing in this section affects the operation of section 811 or 811A.

Relevant Date: Finance Act 2019