Taxes Consolidation Act, 1997 (Number 39 of 1997)

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817MDuty of promoter to provide client list.

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A person who is a promoter shall, in relation to each disclosable transaction in respect of which specified information has been provided by that promoter under section 817E, provide to the Revenue Commissioners—
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(1) A person who is a promoter shall, subject to subsection (2), in relation to each disclosable transaction in respect of which specified information has been provided by that promoter under section 817E, provide to the Revenue Commissioners—

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(a) within the period of time set out in regulations made under section 817Q, and

(b) at such times falling after the end of that period as may be set out in those regulations,
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(a) within the period of 30 days beginning on the day after the day on which—

(i) the promoter first makes the transaction concerned available to a person for implementation, or

(ii) in a case where the relevant date is the date referred to in paragraph (c) of the definition of ‘relevant date’, the promoter first becomes aware of any transaction which is or forms part of the disclosable transaction having been implemented,

and

(b) subject to subsection (3), within the period of 5 days beginning on the day after the end of each quarter thereafter,

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the name, address and, where known to the person, the tax reference number of each person to whom that person has made the disclosable transaction available for implementation (in this Chapter referred to as the “client list”).

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(2) A client list provided to the Revenue Commissioners under paragraph (a) or (b), as the case may be, of subsection (1) shall not include the name, address or tax reference number of any person to whom the promoter has made the disclosable transaction available for implementation where the promoter is satisfied, at the time of providing the client list, that such person has not entered into any transaction forming part of the disclosable transaction.

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(3)Subsection (1)(b) shall not apply to a quarter during which the promoter—

(a) has not made the disclosable transaction available to a person for implementation, or

(b) has provided the Revenue Commissioners with a client list in accordance with subsection (1)(a) and has not made the disclosable transaction available to any other person for implementation in the period from the date the client list was provided to the Revenue Commissioners to the last day of the quarter concerned.

(4) A client list required to be provided to the Revenue Commissioners in accordance with subsection (1)(b) (in this subsection referred to as the ‘latest client list’) shall not include the name, address and tax reference number of any person who has been included in a client list in respect of the disclosable transaction to which the latest client list relates, in any preceding quarter.

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Inserted by FA10 s149(1). Has effect as on and from 3 April 2010.

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Substituted by FA11 s72(1)(a) and (b). Applies as on and from 21 January 2011.

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Inserted by FA11 s72(1)(c). Applies as on and from 21 January 2011.

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