Taxes Consolidation Act, 1997 (Number 39 of 1997)
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911Valuation of assets: power to inspect.
[CGTA75 s51(1) and Sch4 par14]
(1) For the purposes of the Capital Gains Tax Acts, an inspector [1]>or other officer mentioned in section 931(1)<[1][1]>or other Revenue officer mentioned in Part 41A<[1] shall be authorised to inspect any property for the purpose of ascertaining its market value and the person having the custody or possession of that property shall permit the inspector or other officer so authorised, on producing if so required evidence of his or her authority, to inspect it at such reasonable times as the Revenue Commissioners may consider necessary.
(2) Section 1057 shall apply to an inspector or other officer referred to in subsection (1) and to a person acting in the aid of such an inspector or officer as it applies in relation to the persons referred to in paragraphs (a) and (b) of subsection (1) of that section.
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911 Valuation of assets.
(1) In this section—
“the Acts” has the same meaning as in section 1078;
“authorised person” means—
(a) an inspector or other Revenue officer mentioned in Part 41A, or
(b) a person, suitably qualified for the purposes of ascertaining the value of an asset, authorised in writing by the Revenue Commissioners;
“value”, in relation to any asset, means market value, current use value or such other value as the context requires for the purposes of the Acts.
(2) For the purposes of the Acts, an authorised person may inspect any asset (and where the asset is land enter on the land) for the purpose of ascertaining its value and reporting that value to the Revenue Commissioners, and the person having the custody or possession of that asset (or being the occupier in the case of premises) shall permit the authorised person, on producing if so requested evidence of his or her authorisation, to inspect the asset (and where the asset is land to enter on it) at such reasonable times as the Revenue Commissioners may consider necessary.
(3) (a) Notwithstanding subsection (2) an authorised person shall not, without the consent of the occupier, enter any premises, or that portion of any premises, which is occupied wholly and exclusively as a private residence, except on production by the authorised person of a warrant issued by a Judge of the District Court expressly authorising the authorised person to so enter.
(b) A Judge of the District Court may issue a warrant under paragraph (a) if satisfied by information on oath that it is proper to do so for the purposes of the Acts.
(4) Where the Revenue Commissioners require a valuation to be made by an authorised person, the costs of such valuation shall be defrayed by the Revenue Commissioners.
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