Taxes Consolidation Act, 1997 (Number 39 of 1997)
240 Provisions as to tax under section 239.
[CTA76 s152; FA78 s46(1)(f), (2) and (3); FA81 s22; FA90 s50; FA97 s146(2) and Sch9 PtII]
(1) Subsections (2) to (4) shall apply only in respect of a company to which section 239(10) relates.
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(2) The provisions of the Income Tax Acts relating to—
(a) persons who are to be chargeable to income tax,
(b) income tax assessments,
(c) appeals against such assessments (including the rehearing of appeals and the statement of a case for the opinion of the High Court), and
(d) the collection and recovery of income tax,
shall, in so far as they are applicable, apply to the charge, assessment, collection and recovery of income tax under section 239.
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(2) The provisions of the Income Tax Acts relating to—
(a) persons who are to be chargeable to income tax,
(b) income tax assessments, and
(c) the collection and recovery of income tax,
shall, in so far as they are applicable, apply to the charge, assessment, collection and recovery of income tax under section 239.
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(3) [5]>(a) Any tax payable in accordance with section 239 without the making of an assessment shall carry interest at the rate of [5]>(a) Any tax payable in accordance with section 239 without the making of an assessment shall carry interest from the date when the amount becomes due and payable until payment—<[5][1]>1.25 per cent<[1][2]>[1]>1 per cent<[1] for each month or part of a month<[2][2]>0.0322 per cent for each day or part of a day<[2] from the date when the tax becomes due and payable until payment.<[5]
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(i) for any day or part of a day before 1 August 1978 during which the amount remains unpaid, at a rate of 0.0492 per cent,
(ii) for any day or part of a day on or after 1 August 1978 and before 1 April 1998 during which the amount remains unpaid, at a rate of 0.0410 per cent,
(iii) for any day or part of a day on or after 1 April 1998 and before 1 July 2009 during which the amount remains unpaid, at a rate of 0.0322 per cent, and
(iv) for any day or part of a day on or after 1 July 2009 during which the amount remains unpaid, at a rate of 0.0274 per cent.
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(b) [3]>Subsections (2) to (4) of section 1080<[3][3]>Subsections (3) to (5) of section 1080<[3] shall apply in relation to interest payable under this subsection as they apply in relation to interest payable under section 1080.
(4) In its application to any tax charged by an assessment to income tax in accordance with section 239, section 1080 shall apply as if [4]>subsection (1)(b)<[4][4]>subsection (2)(b)<[4] of that section were deleted.
(5) Section 1081(1) shall not apply where by virtue of section 438(4) there is any discharge or repayment of tax assessed under section 239.
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(6) (a) Subject to paragraph (b), a person aggrieved by an assessment made on that person under section 239 may appeal the assessment to the Appeal Commissioners, in accordance with section 949I, within the period of 30 days after the date of the notice of assessment.
(b) Where, in accordance with section 239, a person is required to make a return of relevant payments, no appeal under this section lies against an assessment until such time as the person makes the return and pays or has paid any income tax payable on the basis of that return.
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[1]
Substituted by FA98 s133(1)(a). Applies for any month, or any part of a month, commencing on or after the date of the passing of this Act. FA98 27-03-98
[2]
Substituted by FA02 s129(1)(a). This section applies from 1 September 2002 to interest chargeable or payable in respect of an amount due to be paid or remitted or an amount to be repaid or retained, as the case may be, whether before, on or after that date in accordance with those provisions. FA05 s145(6) has the effect of repealing the substitution made by FA02 s129 with effect from 1 April 2005, to the extent that it applies to interest chargeable or payable on income tax, corporation tax, capital gains tax, gift tax and inheritance tax that has not been paid before 1 April 2005, regardless of when that tax became due and payable.
[5]
Substituted by FA09 s29(1)(b). Applies as respects any unpaid tax or duty, as the case may be, that has not been paid before 1 July 2009 regardless of whether that tax or duty became due and payable before, on or after that date.