Taxes Consolidation Act, 1997 (Number 39 of 1997)
[1]>
960SSecurity for certain taxes.
(1) In this section—
[3]>
“business” means a business that was or is carried on by a company or partnership and includes a business that was or is carried on by an individual;
“connected person” means a person connected with another person within the meaning of section 10;
“management of the business” includes acting in a capacity such that the person was or is able, directly or indirectly, to control the management of that business either as a connected person or otherwise;
<[3]
“tax” means—
(a) income tax deductible in accordance with Chapter 4 of Part 42 and any regulations made under that Chapter,
(b) tax deductible in accordance with Chapter 2 of Part 18 and any regulations made under that Chapter,
(c) universal social charge chargeable in accordance with Part 18D, or
[2]>
(d) value-added tax chargeable in accordance with the Value-Added Tax Acts.
<[2]
[2]>
(d) value-added tax chargeable in accordance with the Value-Added Tax Acts, or
(e) local property tax deductible in accordance with the Finance (Local Property Tax) Act 2012.
<[2]
[4]>
(2) The Collector-General may require a person carrying on a business to give security, or further security, of such amount and in such form as the Collector-General considers appropriate for the payment of tax that is, or may become, due from that person—
(a) where the person, in relation to a business that has ceased to trade, was involved in the management of the business and tax arose while the business was trading which has not been paid in full, or
(b) in relation to the current business, where tax due to be paid by that person has not been paid with 30 days of the due date for payment of the tax.
<[4]
[4]>
(2) The Revenue Commissioners may, where it appears requisite to them to do so for the protection of the revenue, require a person carrying on a business, to give security, or further security, of such amount and in such manner and form as they may determine, for the payment of any tax which is, or may become, due from that person from the date of service on that person of a notice in writing to that effect.
<[4]
(3) Where a requirement under subsection (2) arises, the [5]>Collector-General<[5][5]>Revenue Commissioners<[5] shall cause a notice in writing to that effect to be served on the person.
(4) Where a person is served with a notice in accordance with subsection (3), it shall be an offence for that person to engage in business until such security, or further security, is provided to the [5]>Collector-General<[5][5]>Revenue Commissioners<[5].
[6]>
(5) Where a notice is served on a person in accordance with subsection (3), the person may, on giving notice to the Revenue Commissioners within the period of 30 days from the date of the service of the notice, appeal the requirement of giving any security under subsection (2) to the Appeal Commissioners.
<[6]
[6]>
(5) A person aggrieved by a notice served on that person in accordance with subsection (3) may appeal the notice to the Appeal Commissioners, in accordance with section 949I, within the period of 30 days after the date of that notice.
<[6]
(6) Where a person gives a notice of appeal in accordance with subsection (5), subsection (4) shall not apply until the Appeal Commissioners determine the matter.
<[1]
[1]
Inserted by FA12 s126(1). Deemed to have come into force and takes effect on and from 1 January 2012.