49 Assessment of tax

Summary

This section deals with assessments of tax made by the Revenue Commissioners where, for example, a return has not been delivered or an incorrect return has been made. If an assessment made on a return is incorrect, the section empowers them to issue a correcting assessment or to issue an additional assessment. The section also provides for service of notice of an assessment and for publication in Iris Oifigiúil if the address of an accountable person is not known.

The period within which the Revenue Commissioners can raise assessments, correcting assessments or additional assessments is being restricted to a period of 4 years from the date of receipt of the return. This restriction will not apply where fraud or neglect is involved. These provisions came into effect by way of Ministerial Order on 1 January 2005.

Details

(1) In the normal case, a self-assessed return is delivered by a donee or successor under section 46. However, if no return is delivered, or if an unsatisfactory return is delivered, the Revenue Commissioners can make an assessment of tax. If the accountable person is aggrieved by an assessment made by the Revenue Commissioners, he/she may lodge an appeal under section 67.

(1A) The Revenue 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).

The Revenue Commissioners are empowered—

• (2), (3) to make a correcting assessment where an assessment was incorrect or an additional assessment where too little tax was assessed;
• (4) to serve written notice of the assessment of tax on the accountable person or that accountable person’s agent or personal representative;
• (5) publish a notice of the making of the assessment and of such particulars as they consider necessary in Iris Oifigiúil, where the accountable person’s whereabouts are unknown. The accountable person or that person’s personal representative is deemed to have been served with notice of the assessment on the date of publication;
• (6) make an assessment, correcting assessment or additional assessment from any return or additional return delivered under section 46 or from any other information in their possession or from any one or more of these sources.
  (6A), (6B) The period within which the Revenue Commissioners can raise an assessment, a correcting assessment or an additional assessment is being restricted to a period of 4 years from the date of receipt of the gift, inheritance or discretionary trust tax return. This restriction will not apply where fraud or neglect is involved. For the purposes of this subsection, neglect includes a failure to deliver a correct return. These provisions came into effect on 1 January 2005;
• (7) to make assessments of tax as to the best of their knowledge, information and belief ought to be charged. The information which may be used can include information received from a member of the Garda Síochána.

(8) The Revenue Commissioners are not precluded from making an assessment of tax, a correcting assessment of tax or an additional assessment of tax under this section notwithstanding the requirement to self-assess tax under section 46.

Relevant Date: Finance Act 2015