579D Past trustees: liability for tax.

(1)In this section “specified period”, in relation to a year of assessment, means the period beginning with the specified return date for the year of assessment (within the meaning of ^[3]>section 950^<[3][3]>section 959A^<[3]) and ending 3 years after the time ^[2]>when a return under section 951 for the year of assessment is delivered to the appropriate inspector (within the meaning of section 950)^<[2][2]>when a return under ^[4]>section 951^<[4][4]>Chapter 3 of Part 41A^<[4] for the chargeable period is delivered to the Collector-General^<[2].

(2)For the purposes of this section—

(a)where the relevant time (within the meaning of section 579B) falls within the period of 12 months beginning with the 11th day of February, 1999, the relevant period is the period beginning with that day and ending with the relevant time, and

(b)in any other case, the relevant period is the period of 12 months ending with the relevant time.

(3)This section shall apply at any time on or after the 11th day of February, 1999, where—

(a)section 579B applies as regards the trustees (in this section referred to as “migrating trustees”) of a settlement, and

(b)any tax, which is payable by the migrating trustees in respect of a chargeable gain accruing to them for a year of assessment (in this section referred to as “the year of assessment concerned”) by virtue of section 579B(3), is not paid within 6 months after the date on or before which the tax is due and payable.

(4)The Revenue Commissioners may, at any time before the end of the specified period in relation to the year of assessment concerned, serve on any person to whom subsection (5) applies, a notice—

(a)stating the amount which remains unpaid of the tax payable by the migrating trustees for the year of assessment concerned, and

(b)requiring that person to pay that amount within 30 days of the service of the notice.

(5)This subsection applies to any person who, at any time within the relevant period, was a trustee of the settlement, other than such a person who—

(a)ceased to be a trustee of the settlement before the end of the relevant period, and

(b)shows that, when he or she (or in the case of a company, the company) ceased to be a trustee of the settlement, there was no proposal that the trustees might become neither resident nor ordinarily resident in the State.

(6)Any amount which a person is required to pay by a notice under this section—

(a)may be recovered by that person from the migrating trustees,

(b)shall not be allowed as a deduction in computing income, profits, gains or losses for any tax purposes, and

(c)may be recovered from that person as if it were tax due by such person.