Taxes Consolidation Act, 1997 (Number 39 of 1997)
CHAPTER 2
Other corporation tax penalties
1071Penalties for failure to make certain returns.
[CTA76 s143(7)(c) and (8)]
(1) Where any company has been required by notice served under section 884 to deliver a return and the company fails to comply with the notice—
(a) the company shall be liable to a penalty of [2]>£500<[2][7]>[2]>€630<[2]<[7][7]>€2,000<[7] except in the case mentioned in subsection (2) and, if the failure continues after judgment has been given by the court before which proceedings for the penalty have been commenced, to a further penalty of [3]>£50<[3][3]>€60<[3] for each day on which the failure so continues, and
(b) the secretary of the company shall be liable to a separate penalty of [4]>£100<[4][8]>[4]>€125<[4]<[8][8]>€1,000<[8] except in the case mentioned in subsection (2).
(2) Where any failure mentioned in subsection (1) continues after the expiration of one year beginning with the date on which the notice was served, the first of the penalties mentioned in that subsection for which the company is liable shall be [5]>£1,000<[5][9]>[5]>€1,265<[5]<[9][9]>€4,000<[9], and the secretary of the company shall be liable to a separate penalty of [6]>£200<[6][10]>[6]>€250<[6]<[10][10]>€2,000<[10].
[1]>
(2A) (a) Where at any time not earlier than 3 months after the time at which a return is required to be delivered by a company in accordance with section 884, the company has failed to pay any penalty to which it is liable under subsection (1)(a) or (2) for failing to deliver the return, the secretary of the company shall, in addition to any penalty to which the secretary is liable under this section, be liable to pay such amount of any penalty to which the company is so liable as is not paid by the company.
(b) Where in accordance with paragraph (a) the secretary of a company pays any amount of a penalty to which the company is liable, the secretary shall be entitled to recover a sum equal to that amount from the company.
<[1]
(3) The reference in subsection (1) to the delivery of a return shall be deemed to include a reference to the doing of any of the things specified in subparagraphs (i) and (ii) of paragraph (b) of section 884(9).
[1]
Inserted by FA99 s84(1)(a). This section shall apply as on and from the 1st day of March, 1999.
[7]
Substituted by F(No.2)A08 sched5(part2)(1)(al)(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 The enactments specified in Schedule 5 are amended or repealed to the extent and manner specified in that Schedule and, unless the contrary is stated, shall come into effect after 24 December 2008.
[8]
Substituted by F(No.2)A08 sched5(part2)(1)(al)(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.
[9]
Substituted by F(No.2)A08 sched5(part2)(1)(al)(iii)(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.