Links from Section 46 | ||
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Act | Linked to | Context |
Capital Acquisitions Tax Consolidation Act, 2003 |
(a) the aggregate of the taxable values of all taxable gifts taken by the donee on or after 5 December 1991, which have the same group threshold (as defined in Schedule 2) as that other gift, exceeds an amount which is 80 per cent of the threshold amount (as defined in Schedule 2) which applies in the computation of tax on that aggregate, or |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(a) the aggregate of the taxable values of all taxable gifts taken by the donee on or after 5 December 1991, which have the same group threshold (as defined in Schedule 2) as that other gift, exceeds an amount which is 80 per cent of the threshold amount (as defined in Schedule 2) which applies in the computation of tax on that aggregate, or |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(a) the taxable value of the taxable gift exceeds an amount which is 80 per cent of the group threshold (as defined in Schedule 2) which applies in relation to that gift for the purposes of the computation of the tax on that gift, |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(a) notwithstanding anything contained in sections 6 and 11 reference, other than in subsection (13) or (14), to a or a taxable gift includes a reference to an inheritance a taxable inheritance, as the case may be, and |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(a) notwithstanding anything contained in sections 6 and 11 reference, other than in subsection (13) or (14), to a or a taxable gift includes a reference to an inheritance a taxable inheritance, as the case may be, and |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(2A) For the purposes of subsection (2) (other than in the case of an inheritance to which section 15 or 20 applies), where the relevant date occurs— |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(2C) In the case of inheritances referred to in sections 15(1) and 20(1), returns shall be delivered and tax shall be paid within 4 months of the valuation date of such inheritances. |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(4) Subsection (2) applies to a charge for tax arising by reason of
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Capital Acquisitions Tax Consolidation Act, 2003 |
(2) |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(2A) For the purposes of subsection (2) (other than in the case of an inheritance to which section 15 or 20 applies), where the relevant date occurs— |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(2C) In the case of inheritances referred to in sections 15(1) and 20(1), returns shall be delivered and tax shall be paid within 4 months of the valuation date of such inheritances. |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(3) Subsection (2)(c) (other than in respect of tax arising by reason of section 20) shall be complied with, where the tax due and payable is inheritance tax which is being paid wholly or partly by the transfer of securities to the Minister for Finance under section 56, by— |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(4) Subsection (2) applies to a charge for tax arising by reason of
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Capital Acquisitions Tax Consolidation Act, 2003 |
(2) |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(b) the donee or, in a case to which section 32(2) applies, the transferee (within the meaning of, and to the extent provided for by, that section) is required by notice in writing by the Commissioners to deliver a return, |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(b) where the donee or, in a case to which section 32(2) applies, the transferee (within the meaning of, and to the extent provided for by, that section) is required by notice in writing by the Commissioners to deliver a return, the date of the notice. |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(2) |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(b) notwithstanding section 49, make on that return an assessment of such amount of tax as, to the best of that person’s knowledge, information and belief, ought to be charged, levied and paid on that valuation date, and |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(7A) The making of enquiries by the Commissioners for the purposes of subsection (7)(a) or the authorising of inspections by the Commissioners under subsection (7)(b) in connection with or in relation to any relevant return (within the meaning given in section 49(6A)(b)) may not be initiated after the expiry of 4 years commencing on— |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(b) In this subsection “neglect” means negligence or a failure to deliver a correct relevant return (within the meaning given in section 49(6A)(b)). |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(b) notwithstanding section 49, make on that additional return an assessment of such amended amount of tax as, to the best of that person’s knowledge, information and belief, ought to be charged, levied and paid on the relevant gift, and |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(b) notwithstanding section 49, make on that additional return an assessment of such amended amount of tax as, to the best of that person’s knowledge, information and belief, ought to be charged, levied and paid on the relevant gift, and |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(11) Any assessment or payment of tax made under this section shall include interest on tax payable in accordance with section 51. |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(3) Subsection (2)(c) (other than in respect of tax arising by reason of section 20) shall be complied with, where the tax due and payable is inheritance tax which is being paid wholly or partly by the transfer of securities to the Minister for Finance under section 56, by— |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(10) Any amount of tax payable by an accountable person in respect of an assessment of tax made by that accountable person on a return delivered by that accountable person (other than an amount of that tax payable by the transfer of securities to the Minister for Finance under section 56) shall accompany the return and be paid to the Collector. |
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se0069.html |
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(3A) A return to be delivered in accordance with subsection (2A) shall only be delivered in accordance with the provisions of Chapter 6 of Part 38 of the Taxes Consolidation Act 1997 except where a relief or an exemption (other than the exemption referred to in section 69) is not being claimed by a person under this Act and the interest taken by a person in property is an absolute interest which is not subject to any conditions or restrictions. |
Taxes Consolidation Act, 1997 |
(3A) A return to be delivered in accordance with subsection (2A) shall only be delivered in accordance with the provisions of Chapter 6 of Part 38 of the Taxes Consolidation Act 1997 except where a relief or an exemption (other than the exemption referred to in section 69) is not being claimed by a person under this Act and the interest taken by a person in property is an absolute interest which is not subject to any conditions or restrictions. |
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Links to Section 46 (from within TaxSource Total) | ||
Act | Linked from | Context |
Capital Acquisitions Tax Consolidation Act, 2003 |
Sections 46, 50, 69 and 76. |
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Capital Acquisitions Tax Consolidation Act, 2003 |
“return” means such a return as is referred to in section 46 ; |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(a) where the requirements of section 46(2), requiring the delivery of a return on or before the dates mentioned in section 46(2A), are met, for the period of 6 years commencing on the valuation date of the gift or inheritance, or |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(a) where the requirements of section 46(2), requiring the delivery of a return on or before the dates mentioned in section 46(2A), are met, for the period of 6 years commencing on the valuation date of the gift or inheritance, or |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(c) the person or persons referred to in paragraph (a) do not deliver a return and make a payment of tax in accordance with section 46(2), |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(d) a return would be required to be delivered to the Commissioners in respect of such property in accordance with section 46(2) if the valuation date in respect of that property were the date of death of that person, |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(1) Subject to section 46, assessments of tax under this Act shall be made by the Commissioners. |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(1A) The Commissioners may issue an assessment to a person referred to in section 45(1) where a return has not been delivered to them under section 46(2). |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(6) Any assessment, correcting assessment or additional assessment under this section may be made by the Commissioners from any return or additional return delivered under section 46 or from any other information in the possession of the Commissioners or from any one or more of these sources. |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(b) In this subsection “relevant return” means a return within the meaning of
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Capital Acquisitions Tax Consolidation Act, 2003 |
(6B) The time limit referred to in subsection (6A) shall not apply where the Commissioners have reasonable grounds for believing that any form of fraud or neglect (within the meaning given in section 46(7B)(b)) has been committed by or on behalf of any accountable person in connection with or in relation to any relevant return (within the meaning given in subsection (6A)) which is the subject of assessment. |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(8) Nothing in section 46 shall preclude the Commissioners from making an assessment of tax, a correcting assessment of tax, or an additional assessment of tax, under the provisions of this section. |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(a) Simple interest is payable, without deduction of income tax, on the tax where the relevant date (within the meaning of section 46(5)) occurs— |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(c) in the case of an inheritance referred to in section 15(1) or 20(1), the last day of the period of 4 months referred to in section 46(2C). |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(c) where a person delivers a return on or before the specified return date, but the Commissioners, by reason of being dissatisfied with any information contained in the return, require that person, by notice in writing served on him or her under section 46(7), to deliver such statement or evidence as may be required by them, the person shall be deemed not to have delivered the return on or before the specified return date unless the person delivers the statement or evidence within the time specified in the notice. |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(a) 31 October in the year in which that tax was due to be paid in accordance with section 46(2A), or |
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Capital Acquisitions Tax Consolidation Act, 2003 |
(1) (a) Any person who contravenes or fails to comply with any requirement or provision under section 46 shall be liable to a penalty of
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Capital Acquisitions Tax Consolidation Act, 2003 |
(1A) Where a person
deliberately or carelessly fails to comply with a requirement to deliver a return or additional return under
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Capital Acquisitions Tax Consolidation Act, 2003 |
(3) If any accountable person is liable under section 46 to deliver to the Commissioners a return or an additional return and makes default in so doing,
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Capital Acquisitions Tax Consolidation Act, 2003 |
No appeal shall lie under section 66 or 67 until such time as the person aggrieved by the decision or assessment (as the case may be) complies with section 46(2) in respect of the gift or inheritance in relation to which the decision or assessment is made, as if there were no time-limit for complying with section 46(2) and that person were a person primarily accountable for the payment of tax by virtue of section 45(1) and required by notice in writing by the Commissioners to deliver a return. |
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Capital Acquisitions Tax Consolidation Act, 2003 |
No appeal shall lie under section 66 or 67 until such time as the person aggrieved by the decision or assessment (as the case may be) complies with section 46(2) in respect of the gift or inheritance in relation to which the decision or assessment is made, as if there were no time-limit for complying with section 46(2) and that person were a person primarily accountable for the payment of tax by virtue of section 45(1) and required by notice in writing by the Commissioners to deliver a return. |