917B Return by settlor in relation to non-resident trustees.
(1) In this section and in section 917C “arrangements” means arrangements having the force of law by virtue of
(as extended to capital gains tax by section 828);
(2) This section applies where a settlement is created on or after the 11th day of February, 1999, and at the time it is created—
(a) the trustees are neither resident nor ordinarily resident in the State, or
(b) the trustees are resident and ordinarily resident in the State but fall to be regarded for the purposes of any arrangements as resident in a territory outside the State.
(3) Where this section applies, any person who—
(a) is a settlor in relation to the settlement at the time it is created, and
(b) at that time fulfils the condition mentioned in subsection (4),
shall, before the expiry of the period of 3 months beginning with the day on which the settlement is created, deliver to the appropriate inspector a statement specifying—
(i) the day on which the settlement was created;
(ii) the name and address of the person making the statement; and
(iii) the names and addresses of the persons who are the trustees immediately before the delivery of the statement.
(4) The condition is that the person concerned is domiciled in the State and is either resident or ordinarily resident in the State.
(5) Where a person fails—
(a) to make a statement required to be made by the person in accordance with subsection (2), or
(b) to include in such a statement the details referred to in subsection (2), the person shall in respect of each such failure be liable to a penalty of
(6) Penalties under subsection (5) may, without prejudice to any other method of recovery, be proceeded for and recovered summarily in like manner as in summary proceedings for the recovery of any fine or penalty under any act relating to the excise.