Revenue Note for Guidance
This section outlines the duties of a taxpayer, specifically:
(1) Subject to subsection (1A), where there is no intermediary, or the relevant taxpayer has been notified that the intermediary is exempt from filing a return due to legal professional privilege, the relevant taxpayer is required to make a return of the specified information to Revenue. The return must be made within 30 days of –
whichever occurs first.
(1A) Notwithstanding the time limit specified in subsection (1), the period of 30 days for making a return will begin on 1 January 2021 where, during the period 1 July to 31 December 2020 -
whichever occurs first.
(2) The relevant taxpayer must make a return to Revenue under subsection (1) by electronic means. Chapter 6 of Part 38 sets out the provisions that apply when a return is made electronically.
(3) The subsection provides that, where there is more than one relevant taxpayer, the relevant taxpayer who must make a return to Revenue is the taxpayer referred to in whichever of the following paragraphs first applies –
(4) The relevant taxpayer that is required to make a return by virtue of subsection (3) is referred to as the “first relevant taxpayer”. The first relevant taxpayer is required to provide the reference number assigned to the reportable cross-border arrangement to the other relevant taxpayers involved in the arrangement within five working days of the later of –
(5) A relevant taxpayer will be exempt from the obligation to make a return of the specified information to Revenue if the taxpayer has received the following, in writing, from an intermediary or another relevant taxpayer in the same reportable cross-border arrangement:
(6) Subject to subsection (7), where a relevant taxpayer is required to return the specified information to the competent authority of more than one Member State, the information shall be filed only in the Member State referred to in whichever of the following paragraphs first applies -
(7) The evidence that is required for a relevant taxpayer to be exempt from filing in multiple Member States is –
(8) A person will be a chargeable person for the purposes of Part 41A where the person obtains or seeks to obtain a tax advantage from a reportable cross-border arrangement where the tax advantage is in respect of a tax, duty, levy or charge which is placed under the care and management of the Revenue Commissioners in accordance with the Acts. Part 41A defines a “chargeable person” (with respect to a chargeable period) as a person who is chargeable to tax for that period, whether on that person’s own account or on account of some other person but, as respects income tax, does not include a person to whom subsection (1) of section 959B relates.
(9) A relevant taxpayer must include the reference number in the return of income for any chargeable period in which the person-
(10) A relevant taxpayer is not required to disclose to Revenue information that is not within their knowledge, possession or control.
Relevant Date: Finance Act 2021