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Taxes Consolidation Act, 1997 (Number 39 of 1997)

[1]>

485FB Requirement to provide estimates and information.

(1) In this section—

“chargeable person” and “specified return date for the chargeable period” have the same meanings as in [4]>Part 41<[4][4]>Part 41A<[4];

prescribed form” means a form prescribed by the Revenue Commissioners or a form used under the authority of the Revenue Commissioners, and includes a form which involves the delivery of a statement by any electronic, photographic or other process approved of by the Revenue Commissioners.

(2) Where this Chapter applies to an individual for a tax year that individual shall, if not otherwise a chargeable person, be deemed to be a chargeable person for such year for the purposes of [5]>Part 41<[5][5]>Part 41A<[5].

(3) Where this Chapter applies to an individual for a tax year that individual shall, in addition to the return required to be delivered [6]>under section 951, prepare<[6][6]>under Chapter 3 of Part 41A, prepare<[6] and deliver to the Collector-General at the same time as, and together with, the return required under [7]>section 951 on or before<[7][7]>Chapter 3 of Part 41A on or before<[7] the specified return date for the chargeable period a full and true statement in a prescribed form of the details required by the form in respect of—

(a) the amounts constituting the aggregate of the specified reliefs,

(b) the determination of those amounts, and

(c) the estimates required by subsection (4),

and of such further particulars in relation to this Chapter as may be required by the prescribed form.

(4) The estimates required by this subsection are estimates of—

(a) the individual’s taxable income for the year determined as if this Chapter, other than section 485F, did not apply to the individual for that year,

(b) the individual’s taxable income determined in accordance with section 485E, and

(c) the amount of tax that should be assessed on the individual as a consequence of the application of this Chapter,

which estimates shall be made to the best of the individual’s knowledge and belief.

(5) Where this Chapter applies [3]>to both a husband and a wife, not being persons to whom section 1016 applies, then separate statements under this section shall be required from both the husband and the wife<[3][3]>to both a husband and a wife, not being persons to whom [8]>section 1016<[8][8]>section 1016 or 1023<[8] applies, or to both civil partners, not being persons to whom [9]>section 1031B<[9][9]>section 1031B or 1031H<[9] applies, then separate statements under this section shall be required from both the husband and the wife or, as the case may be, both civil partners<[3] and both statements shall be made on the same prescribed form (in this subsection referred to as a “combined statement”) and references in this section, other than in this subsection, to a statement required to be delivered under this section shall include references to a combined statement.

(6) (a) For the purposes of determining—

(i) the accuracy or otherwise of any details, particulars or estimates contained in the statement referred to in subsection (3), or

(ii) whether or not an individual who has not provided a statement under this section is an individual to whom this Chapter applies,

a Revenue officer may make such enquiries or take such actions within his or her powers as he or she considers necessary for the purposes of determining the matters set out in subparagraph (i) or (ii), including, in the case of subparagraph (ii), requiring by notice in writing the individual to furnish in writing to the officer within such time, not being less than 14 days, as may be provided by the notice, details of each provision in respect of which the individual is claiming tax relief for a tax year together with the amount of each separate claim and the particulars of each separate claim under that provision.

(b) Subparagraph (ii) of paragraph (a) shall only apply to an individual who has made a return under section 951 for a tax year and whose income, including income exempt from tax, from all sources and disregarding all deductions, allowances and other tax reliefs is equal to or greater than [2]>the threshold amount<[2][2]>the income threshold amount<[2].

(7) Subsections (9) and (10) of section 951 shall apply to a statement required to be delivered under this section in the same way as they apply to a return required to be delivered under that section, and for this purpose a reference in those subsections to a return, other than a reference to the specified return date for the chargeable period, shall be construed as a reference to a statement under this section.

(8) Section 1052 shall apply to a failure by an individual to deliver a statement under this section or the details, amounts and particulars referred to in subsection (6) as it applies to a failure to deliver a return referred to in section 1052.

<[1]

[1]

[+]

Inserted by FA07 s18(1)(d). Applies for the year of assessment 2007 and subsequent years of assessment.

[2]

[-] [+]

Substituted by FA10 s23(1)(e). Applies as respects the year of assessment 2010 and subsequent years of assessment.

[3]

[-] [+]

Substituted by F(No.3)A11 sched1(132). Shall have effect from 27 July 2011.

[4]

[-] [+]

Substituted by FA12 sched4(part2)(g).

[5]

[-] [+]

Substituted by FA12 sched4(part2)(g).

[6]

[-] [+]

Substituted by FA12 sched4(part2)(g).

[7]

[-] [+]

Substituted by FA12 sched4(part2)(g).

[8]

[-] [+]

Substituted by F(No.2)A13 s16(c)(i). Comes into operation on 1 January 2014.

[9]

[-] [+]

Substituted by F(No.2)A13 s16(c)(ii). Comes into operation on 1 January 2014.