Revenue Note for Guidance
This Schedule applies in relation to income tax charged by virtue of section 13 or to corporation tax charged by virtue of that section as it is applied to corporation tax by section 23. The provisions of this Schedule also apply for the purposes of section 567(3) which treats the holder of a licence under the Petroleum and other Minerals Development Act, 1960, as an agent for the purposes of assessment to capital gains tax, where exploration or exploration activities are carried on on behalf of that person by another person.
par 1 The licence holder under the Petroleum and Other Minerals Development Act, 1960 is obliged, on notice by an inspector, to provide information necessary to charge income/corporation tax on profits, and income tax on emoluments, from activities on the Continental Shelf. The notice must specify a time limit for the furnishing of the information which must not be less than 30 days.
par 2 The licence holder is made formally responsible and liable for payment of the income/corporation tax due (plus interest) where there is difficulty in collecting it from the assessee. Where tax remains unpaid 30 days after it is due, the Revenue Commissioners may serve a notice on the licence holder requiring that person to pay any tax charged on a non-resident in respect of profits from activities authorised by the licence together with any interest due under section 1080. The licence holder has 30 days from the service of the notice to pay the tax. The licence holder is given the right to recover tax so paid from the person on whom the assessment was made as a simple contract debt in any court of competent jurisdiction.
par 3 These collection procedures do not apply in the case of income tax on emoluments as in such cases there will be a local paying agent to pay wages, etc and recourse should be had to the agent in respect of the tax due.
par 4 The collection procedures do not apply where the profits/gains arise out of a contract made before 16 May, 1973, except where the person assessed is connected with the licence holder or the contract is altered after that date.
par 5 The Revenue Commissioners may issue a certificate exempting a licence holder from the collection procedures where the person who is or may become liable to income/corporation tax which if remaining unpaid could be recovered from the licence holder under the provisions of this Schedule satisfies the Revenue Commissioners that the person will comply with that person’s tax obligations.
par 6 Such certificates may be cancelled by the Revenue Commissioners by notice in writing from a date not earlier than 30 days after service of the notice.
par 7 A reference in this Schedule to a licence granted under the Petroleum and Other Minerals Development Act, 1960 also refers to a lease granted under that Act.
Relevant Date: Finance Act 2020