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Taxes Consolidation Act, 1997 (Number 39 of 1997)

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917C Return by certain trustees.

(1) This section applies where—

(a) the trustees of a settlement become at any time (in this section referred to as “the relevant time”) on or after the 11th day of February, 1999, neither resident nor ordinarily resident in the State, or

(b) the trustees of a settlement, while continuing to be resident and ordinarily resident in the State, become at any time (in this section also referred to as “the relevant time”) on or after the 11th day of February, 1999, trustees who fall to be regarded for the purposes of any arrangements as resident in a territory outside the State.

(2) Where this section applies, any person who was a trustee of the settlement immediately before the relevant time shall, before the expiry of the period of 3 months beginning with the day when the relevant time falls, deliver to the appropriate inspector a statement specifying—

(a) the day on which the settlement was created,

(b) the name and address of each person who is a settlor in relation to the settlement immediately before the delivery of the statement, and

(c) the names and addresses of the persons who are the trustees immediately before the delivery of the statement.

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(3) 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 [2]>£2,000<[2] [2]>€2,535<[2].

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(3) 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),

then the person shall in respect of each such failure be liable to a penalty of €4,000.

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(4) Penalties under subsection (3) 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.

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Inserted by FA99 s92(1)(b). This section shall apply as on and from the 11th day of February, 1999.

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Substituted by FA01 sched5.

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Substituted by F(No.2)A08 sched5(part2)(1)(w)(i). The enactments specified in Schedule 5 are amended or repealed to the extent and manner specified in that Schedule and, unless the contrary is stated, shall come into effect after 24 December 2008.

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Deleted by F(No.2)A08 sched5(part2)(1)(w)(ii). The enactments specified in Schedule 5 are amended or repealed to the extent and manner specified in that Schedule and, unless the contrary is stated, shall come into effect after 24 December 2008.