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Taxes Consolidation Act, 1997 (Number 39 of 1997)

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530I Determination of rates.

(1) For the purpose of establishing the rate of tax referred to in section 530E(1), the Revenue Commissioners shall, from time to time, determine whether a subcontractor is a person to whom section 530G applies, a person to whom section 530H applies or a person to whom neither section 530G nor 530H applies.

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(2) Following a determination under subsection (1), the Revenue Commissioners shall notify the subcontractor of their determination.

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(2) Following a determination under subsection (1), the Revenue Commissioners shall notify the subcontractor of the determination and the rate of tax resulting from such determination.

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(3) [4]>(a) On receipt of a notification under subsection (2), a subcontractor who is aggrieved by the determination of the Revenue Commissioners may, by notice in writing given to the Revenue Commissioners within 30 days of the date of the determination, appeal to the Appeal Commissioners.<[4][4]>(a) A subcontractor aggrieved by a determination of the Revenue Commissioners made under subsection (1) in respect of that subcontractor may appeal the determination to the Appeal Commissioners, in accordance with section 949I, within the period of 30 days after the date of that determination.<[4]

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(b) The Appeal Commissioners shall hear and determine an appeal made to them under this subsection as if it were an appeal against an assessment to income tax and the provisions of the Income Tax Acts relating to such appeals and to the rehearing of an appeal and to the statement of a case for the opinion of the High Court on a point of law shall apply accordingly with any necessary modifications.

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(c) Pending the determination of an appeal under this section, the Revenue Commissioners may issue a deduction authorisation under this Chapter and—

(i) nothing in this subsection shall prejudice the validity of any such deduction authorisation issued, and

(ii) the principal concerned shall comply with the terms of any such deduction authorisation.

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(4) The Revenue Commissioners shall not be obliged to make a determination under subsection (1)—

(a) until after a period of 30 days has elapsed following the previous determination made by the Revenue Commissioners in respect of a subcontractor,

(b) if an appeal by a subcontractor is awaiting determination under subsection (3), or

(c) until a period of 30 days has elapsed following determination of an appeal under subsection (3).

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Inserted by FA11 s20(1)(k). With effect from 1 January 2012 as per S.I. No. 660 of 2011.

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Substituted by FA12 s22(1)(u). Comes into operation on and from 31 March 2012.

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Inserted by FA12 s22(1)(v). Comes into operation on and from 31 March 2012.

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Substituted by F(TA)A15 s36(7)(c)(i). With effect from 21 March 2016 per S. I. No 110 of 2016.

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Deleted by F(TA)A15 s36(7)(c)(ii). With effect from 21 March 2016 per S. I. No 110 of 2016.