Taxes Consolidation Act, 1997 (Number 39 of 1997)
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508U. Assessments for withdrawing relief claimed under Chapter 4 - company
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(1) Where a statement of qualification issued by a company is incorrect, any relief claimed by an individual in excess of the relief which would have been claimed had a correct statement of qualification been furnished shall be withdrawn by the making of an assessment on the qualifying company to corporation tax under Case IV of Schedule D for the year of assessment for which the relief was given, in an amount equal to 1.2 times the amount in section 508A(3)(a)(vi), or such part of that amount as does not qualify for relief.
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(1) Where a statement of qualification issued by a company is incorrect, any relief claimed by an individual in excess of the relief which would have been claimed had a correct statement of qualification been furnished shall be withdrawn by the making of an assessment on the qualifying company to corporation tax under Case IV of Schedule D for the year of assessment for which the relief was given—
(a) in an amount equal to 1.2 times the amount in section 508A(3)(a) (vi), or such part of that amount as does not qualify for relief, where the relief is in respect of shares issued on or before 31 December 2022, or
(b) in an amount equal to 1.6 times the amount in section 508A(3)(a) (vi), or such part of that amount as does not qualify for relief, where the relief is in respect of shares issued on or after 1 January 2023.
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(2) (a) This subsection applies where any relief claimed under Chapter 4 is no longer due because within the relevant period—
(i) the company has ceased to be a qualifying company,
(ii) an investment has ceased, or partially ceased, to be a qualifying investment (within the meaning of section 496), or
(iii) the amount of relief available is to be reduced by section 508R.
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(b) Where this subsection applies, any relief that has been given which is subsequently found not to have been due, shall be withdrawn by the making of an assessment to corporation tax under Case IV of Schedule D for the year of assessment for which the relief was given, in an amount equal to 1.2 times the amount in section 508A(3)(a)(vi), or such part of that amount as no longer qualifies for relief.
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(b) Where this subsection applies, any relief that has been given which is subsequently found not to have been due, shall be withdrawn by the making of an assessment to corporation tax under Case IV of Schedule D for the year of assessment for which the relief was given—
(i) in an amount equal to 1.2 times the amount in section 508A(3) (a)(vi), or such part of that amount as no longer qualifies for relief, where the relief is in respect of shares issued on or before 31 December 2022, or
(ii) in an amount equal to 1.6 times the amount in section 508A(3) (a)(vi), or such part of that amount as no longer qualifies for relief, where the relief is in respect of shares issued on or after 1 January 2023.
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(3) Where a statement of qualification (second stage relief) issued by a company is incorrect, any relief claimed by an individual in excess of the relief which would have been claimed had a correct statement of qualification (second stage relief) been furnished shall be withdrawn by the making of an assessment on the qualifying company to corporation tax under Case IV of Schedule D for the year of assessment for which the relief was given, in an amount equal to 0.4 times the amount in section 508B(3)(a)(vi), or such part of that amount as does not qualify for relief.
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(3A) Where any relief is to be withdrawn under section 502(5) that relief shall be withdrawn by the making of an assessment on the qualifying company to corporation tax under Case IV of Schedule D for the year of assessment following the year of assessment in which the subsequent period ends, in an amount equal to 0.4 times the amount referred to in section 502(5).
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(4) In its application to an assessment made by virtue of this section, section 1080 applies as if the date on which the corporation tax charged by the assessment becomes due and payable were—
(a) in the case of relief withdrawn in accordance with subsection (1), the date referred to in section 508A(3)(a)(ii),
(b) in the case of relief withdrawn in accordance with subsection (2), the date of the event the happening of which causes the relief to be withdrawn, [3]>or<[3]
(c) in the case of relief withdrawn in accordance with subsection (3), the year of assessment following the year of assessment in which the subsequent period [4]>ends.<[4][4]>ends, or<[4]
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(d) in the case of relief withdrawn in accordance with subsection (3A), the year of assessment following the year of assessment in which the subsequent period ends.
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(5) An amount chargeable to tax under this section shall be treated—
(a) as income against which no loss, deficit, expense or allowance may be set off, and
(b) as not forming part of the income of the company for the purposes of calculating a surcharge under section 440.
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