1037 Charge on percentage of turnover

Summary

This section enables an inspector or, on appeal, the Appeal Commissioners, to direct that an assessment be raised on a non-resident person based on a percentage of turnover done with a resident person. This may be done where in the opinion of the inspector the true amount of the profits of the non-resident person cannot be ascertained.

Details

(1) Where it appears to an inspector or on appeal the Appeal Commissioner that the profits or gains of a non resident cannot be easily determined, the assessment can be raised on a percentage of the turnover of the business with the resident person and chargeable in that person’s name. The resident person has obligations to deliver statements, etc to ensure that the assessment can be raised.

(2) The level of this percentage is determined by the inspector, but this determination can be appealed to the Appeal Commissioners.

(3) Where either the resident or non-resident person disagrees with the determination of the inspector or the Appeal Commissioners it is open to that person to require that the issue be referred to a referee or board of referees, appointed by the Minister for Finance, whose decision is final.

Relevant Date: Finance Act 2021