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Taxes Consolidation Act, 1997 (Number 39 of 1997)

[1]>

904GPower of inspection: claims by qualifying insurers.

(1) In this section—

authorised officer” means an officer of the Revenue Commissioners authorised by them in writing to exercise the powers conferred by this section;

qualifying insurer” and “qualifying long-term care policies” have the same meanings respectively as in section 470A.

(2) An authorised officer may at all reasonable times enter any premises or place of business of a qualifying insurer for the purpose of auditing for a year of assessment claims made by the qualifying insurer under section 470A(8)(b)(ii).

(3) Without prejudice to the generality of subsection (2), the authorised officer may—

(a) examine the procedures put in place by the qualifying insurer in relation to the vouching of claims referred to in that subsection, and

(b) check a sample of the cases in respect of which such a claim has been made to determine whether the procedures referred to in paragraph (a) have been observed in practice and whether they are adequate.

(4) An authorised officer may require a qualifying insurer or an employee of the qualifying insurer to furnish information, explanations and particulars and to give all assistance which the authorised officer reasonably requires for the purposes of his or her audit and examination under subsections (2) and (3).

(5) An authorised officer when exercising or performing his or her powers or duties under this section shall, on request, produce his or her authorisation for the purposes of this section.

(6) An employee of a qualifying insurer who fails to comply with the requirements of the authorised officer in the exercise or performance of the authorised officer’s powers or duties under this section shall be liable to a penalty of [2]>£1,000<[2] [2]>€1,265<[2].

(7) A qualifying insurer which fails to comply with the requirements of the authorised officer in the exercise or performance of the authorised officer’s powers or duties under this section shall be liable to a penalty of [3]>£15,000 <[3] [3]>€19,045<[3] and, if that failure continues, a further penalty of [4]>£2,000<[4] [4]>€2,535<[4] for each day on which the failure continues.

<[1]

[1]

[+]

Inserted by FA01 s22(4). Applies as respects the year of assessment 2001 and subsequent years of assessment.

[2]

[-] [+]

Substituted by FA01 s22(5)(a)(i). Applies as respects the year of assessment 2002 and subsequent years of assessment.

[3]

[-] [+]

Substituted by FA01 s22(5)(a)(ii)(I). Applies as respects the year of assessment 2002 and subsequent years of assessment.

[4]

[-] [+]

Substituted by FA01 s22(5)(a)(ii)(II). Applies as respects the year of assessment 2002 and subsequent years of assessment.