817DInterpretation and general (Chapter 3).

(1) In this Chapter, unless the context otherwise requires—

“the Acts” means—

(a) the Tax Acts,

(b) the Capital Gains Tax Acts,

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(c) Part 18A,

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(d) the Value-Added Tax Consolidation Act 2010, and the enactments amending or extending that Act,

(e) the Capital Acquisitions Tax Consolidation Act 2003, and the enactments amending or extending that Act,

(f) the Stamp Duties Consolidation Act 1999, and the enactments amending or extending that Act,

(g) the statutes relating to the duties of excise and to the management of ^[3]>those duties,^<[3][3]>those duties, and^<[3]

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(h) Part 18D,

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and any instruments made thereunder and any instruments made under any other enactment relating to tax;

“disclosable transaction” means—

(a) any transaction, or

(b) any proposal for any transaction,

which—

(i) falls within any specified description,

(ii) enables, or might be expected to enable, any person to obtain a tax advantage, and

(iii) is such that the main benefit, or one of the main benefits, that might be expected to arise from the transaction or the proposal is the obtaining of that tax advantage,

whether the transaction or the proposal for the transaction relates to a particular person or to any person who may seek to take advantage of it;

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“emoluments” means emoluments to which Chapter 4 of Part 42 applies;

“employee” means any person in receipt of emoluments;

“employer” means any person paying emoluments;

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“marketer”, in relation to any disclosable transaction, means any person who is not a promoter but who has made a marketing contact in relation to the disclosable transaction;

“marketing contact”, in relation to a disclosable transaction, means the communication by a person of the general nature of the disclosable transaction to another person with a view to that person or any other person considering whether—

(a) to ask for further details of the disclosable transaction, or

(b) to seek to have the disclosable transaction made available for implementation,

and “makes a marketing contact” shall be construed accordingly;

“PPS Number”, in relation to an individual, means the individual’s personal public service number, within the meaning of section 262 of the Social Welfare Consolidation Act 2005;

“promoter”, in relation to a disclosable transaction, means a person who in the course of a relevant business—

(a) is to any extent responsible for the design of the disclosable transaction,

(b) has specified information relating to the disclosable transaction and makes a marketing contact in relation to the disclosable transaction,

(c) makes the disclosable transaction available for implementation by other persons, or

(d) is to any extent responsible for the organisation or management of the disclosable transaction;

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“quarter” means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December;

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“relevant business” means any trade, profession, vocation or business which—

(a) includes the provision to other persons of services relating to taxation, or

(b) is carried on by a bank (within the meaning of section 124(1)(a) of the Stamp Duties Consolidation Act 1999),

and for the purposes of this definition—

(i) anything done by a company is to be taken to be done in the course of a relevant business if it is done for the purposes of a relevant business referred to in paragraph (b) carried on by another company, where both companies are members of the same group, and

(ii) “group” has the meaning that would be given by section 616 if in that section references to residence in a relevant Member State were omitted and for references to “75 per cent subsidiaries” there were substituted references to “51 per cent subsidiaries”, and references to a company being a member of a group shall be construed accordingly;

“relevant date”, in relation to a disclosable transaction, means the earliest of the following dates—

(a) the date on which the promoter has specified information relating to the disclosable transaction and first makes a marketing contact in relation to the disclosable transaction,

(b) the date on which the promoter makes the disclosable transaction available for implementation by any other person, or

(c) the date on which the promoter first becomes aware of any transaction ^[5]>forming^<[5][5]>which is or forms^<[5] part of the disclosable transaction having been implemented;

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“return” means any return, claim, application, notification, election, declaration, nomination, statement, list, registration, particulars or other information, which a person is or may be required by the Acts to give to the Revenue Commissioners or any Revenue officer;

“Revenue officer” means an officer of the Revenue Commissioners;

“specified date” means—

(a) in relation to a promoter, the relevant date, and

(b) in relation to a person other than a promoter, the date the person first enters into any transaction which is or forms part of a disclosable transaction;

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“specified description” has the meaning assigned to it by ^[9]>subsection (2)^<[9][9]>section 817DA^<[9];

“specified information” means ^[10]>any information specified in regulations made under section 817Q^<[10][10]>, in respect of a disclosable transaction, the information set out in subsection (2)(a) and subparagraphs (i) to (iii), as the case may be, of subsection (2)(b)^<[10];

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“specified period” means the period of time, or time, specified in regulations made under section 817Q;

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“tax” means any tax, duty, levy or charge which, in accordance with the Acts, is placed under the care and management of the Revenue Commissioners;

“tax advantage” means—

(a) relief or increased relief from, or a reduction, avoidance or deferral of, any assessment, charge or liability to tax, including any potential or prospective assessment, charge or liability,

(b) a refund or repayment of, or a payment of, an amount of tax, or an increase in an amount of tax refundable, repayable or otherwise payable to a person, including any potential or prospective amount so refundable, repayable or payable, or an advancement of any refund or repayment of, or payment of, an amount of tax to a person, or

(c) the avoidance of any obligation to deduct or account for tax,

arising out of or by reason of a transaction, including a transaction where another transaction would not have been undertaken or arranged to achieve the results, or any part of the results, achieved or intended to be achieved by the transaction;

“tax reference number”, in relation to a person, means—

(a) in the case of a person who is an individual, the individual’s PPS Number, and

(b) in any other case—

(i) the reference number stated in any return of income form or notice of assessment issued to the person by the Revenue Commissioners, or

(ii) the registration number of the person for the purposes of value-added tax;

“transaction” means—

(a) any transaction, action, course of action, course of conduct, scheme or plan,

(b) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable or intended to be enforceable by legal proceedings, and

(c) any series of or combination of the circumstances referred to in paragraphs (a) and (b),

whether entered into or arranged by one person or by two or more persons—

(i) whether acting in concert or not,

(ii) whether or not entered into or arranged wholly or partly outside the State, or

(iii) whether or not entered into or arranged as part of a larger transaction or in conjunction with any other transaction or transactions,

and any proposal for any transaction shall be construed accordingly.

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“transaction number” means the number assigned to a transaction by the Revenue Commissioners under section 817HB;

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(2) (a) For the purposes of this Chapter, unless the context otherwise requires, a reference to a specified description shall be construed as a reference to a class or classes of transaction which are specified in regulations made under section 817Q.

(b) A class of transaction referred to in paragraph (a) and which is specified in regulations made under section 817Q shall fall within at least one of the categories of transaction referred to in paragraph (c).

(c) The categories of transaction referred to in paragraph (b) are as follows:

(i) a transaction where, but for the provisions of this Chapter, a promoter or person would, or might reasonably be expected to, wish to keep the transaction or any element of the transaction (including the way in which the transaction is structured) which gives rise to the tax advantage expected to be obtained, confidential from—

(I) the Revenue Commissioners, or

(II) any other class of person prescribed under section 817Q for the purposes of this subparagraph,

for any purpose prescribed by regulations made under section 817Q;

(ii) a transaction in relation to which a promoter, whether directly or indirectly, obtains from or charges to, or might reasonably be expected to obtain from or charge to, a person implementing, or considering implementing, such transaction, fees that are to a significant extent attributable to, or to any extent contingent upon, the obtaining of a tax advantage;

(iii) a transaction which involves standardised or mainly standardised documentation, the form of which is largely determined by the promoter and which require the person implementing the transaction to enter into a specific transaction, or series of transactions, that are standardised, or substantially standardised, in form;

(iv) a transaction, or any element of such transaction (including the way in which the transaction is structured), which gives rise to a tax advantage of a class or classes prescribed in regulations made under section 817Q for the purposes of this subparagraph.

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(2) For the purposes of the definition of ‘specified information’ in the preceding subsection, the following provisions specify the information concerned:

(a) such information as might reasonably be expected to enable the manner in which the disclosable transaction operates, or is intended to operate, to be fully understood by a Revenue officer, and, in all cases, includes—

(i) full reference to the provisions of this Chapter by virtue of which the person by whom, or on whose behalf, the information is being provided considers that the transaction is disclosable,

(ii) a summary of the disclosable transaction and the name (if any) by which it is known,

(iii) full reference to the provisions of the Acts that are considered by the person to be relevant to the treatment of the disclosable transaction for tax purposes, and

(iv) full details of the disclosable transaction explaining each element of the transaction (including the way in which the transaction is structured) from which the tax advantage expected to be obtained under the transaction arises and how, in the opinion of the person by whom, or on whose behalf, the information is being provided, each provision of the Acts referred to in subparagraph (iii) applies, or as the case may be, does not apply to the transaction,

(b) where—

(i) the information is required to be disclosed by a promoter under section 817E, the following information, namely, the name, address, telephone number and tax reference number of the promoter,

(ii) the information is required to be disclosed by a person under section 817F, 817H(1) or 817L, the following information, namely—

(I) the name, address, telephone number and tax reference number of the person, and

(II) the name, address and telephone number of the promoter,

or

(iii) the information is required to be disclosed by a person under section 817G, the following information, namely, the name, address, telephone number and tax reference number of the person;