Link Report

“estimated relevant allowances” means an amount that, based on the best estimate that may reasonably be made, is likely to equal the amount of the relevant allowances when the amount of those allowances is calculated in accordance with section 304(3A);

“relevant allowances” has the same meaning as it has in section 304(3A);

(2) Subject to subsections (3) and (4), a relevant individual may make a provisional claim for relief under section 395A or 304(3A), as the case may be (in this section referred to as an ‘interim claim’) as if—

(b) references to relevant allowances in section 304(3A) were references to estimated relevant allowances.

(c) a claim under section 395A or 304(3A), as the case may be, shall be made by the specified return date for the tax year in which the relevant loss is sustained or relevant allowances are claimed (in this section referred to as the ‘final claim’), as the case may be, and if no such claim is made by that date then, where the amounts of the relevant loss and the relevant allowances that would be subject to such a claim are not lower than the estimated relevant loss and the estimated relevant allowances upon which the interim claim was made, the interim claim shall be deemed to be a final claim.

“estimated relevant loss” means an amount that, based on the best estimate that may reasonably be made, is likely to equal the amount of the relevant loss when the amount of that loss is calculated in accordance with section 395A;

(2) Subject to subsections (3) and (4), a relevant individual may make a provisional claim for relief under section 395A or 304(3A), as the case may be (in this section referred to as an ‘interim claim’) as if—

(a) references to relevant losses in section 395A were references to estimated relevant losses, and

(c) a claim under section 395A or 304(3A), as the case may be, shall be made by the specified return date for the tax year in which the relevant loss is sustained or relevant allowances are claimed (in this section referred to as the ‘final claim’), as the case may be, and if no such claim is made by that date then, where the amounts of the relevant loss and the relevant allowances that would be subject to such a claim are not lower than the estimated relevant loss and the estimated relevant allowances upon which the interim claim was made, the interim claim shall be deemed to be a final claim.

“return” has the same meaning as it has in section 959A;

“specified return date for the tax year” has the same meaning as it has in section 959A;

(b) Subject to paragraph (c), for the purpose of the application of subsection (3) of section 959AO in determining whether an amount of preliminary tax has been paid by the individual in accordance with that subsection, no account shall be taken of any amount of tax repaid to the individual pursuant to this section.

(5) Subject to section 959V, where subsequent to making an interim claim—

(b) any amount of tax that would have been repaid to the individual in respect of the excess claim but for the offset of that tax against any other liability of the individual in accordance with section 960H.

(i) then, subject to subparagraph (ii), the tax repaid in respect of the excess claim shall carry interest as determined in accordance with section 1080(2)(c) as if a reference to the date when the tax became due and payable were a reference to the date the amount was repaid by the Revenue Commissioners or offset in accordance with section 960H, as the case may be,

(ii) where the interim claim was made neither deliberately nor carelessly (within the meaning of section 1077E section 1077E or 1077F, as appropriate ) and the individual, without unreasonable delay upon it coming to the individual’s notice that the claim is overstated, reduces the claim by such amount as is necessary to ensure it is no longer overstated, the tax repaid in respect of the excess claim shall carry interest as determined in accordance with section 1080(2) (c) as if a reference to the date when the tax became due and payable were a reference to the date the claim was reduced.

(c) Paragraph (b) shall not apply where an individual makes an interim claim in a return to which subsection (2) or (5), as the case may be, of section 1077E subsection (2) or (5), as the case may be, of section 1077E or subsection (2) of section 1077F, as appropriate, applies.

(ii) where the interim claim was made neither deliberately nor carelessly (within the meaning of section 1077E section 1077E or 1077F, as appropriate ) and the individual, without unreasonable delay upon it coming to the individual’s notice that the claim is overstated, reduces the claim by such amount as is necessary to ensure it is no longer overstated, the tax repaid in respect of the excess claim shall carry interest as determined in accordance with section 1080(2) (c) as if a reference to the date when the tax became due and payable were a reference to the date the claim was reduced.

(c) Paragraph (b) shall not apply where an individual makes an interim claim in a return to which subsection (2) or (5), as the case may be, of section 1077E subsection (2) or (5), as the case may be, of section 1077E or subsection (2) of section 1077F, as appropriate, applies.

(i) then, subject to subparagraph (ii), the tax repaid in respect of the excess claim shall carry interest as determined in accordance with section 1080(2)(c) as if a reference to the date when the tax became due and payable were a reference to the date the amount was repaid by the Revenue Commissioners or offset in accordance with section 960H, as the case may be,

(ii) where the interim claim was made neither deliberately nor carelessly (within the meaning of section 1077E section 1077E or 1077F, as appropriate ) and the individual, without unreasonable delay upon it coming to the individual’s notice that the claim is overstated, reduces the claim by such amount as is necessary to ensure it is no longer overstated, the tax repaid in respect of the excess claim shall carry interest as determined in accordance with section 1080(2) (c) as if a reference to the date when the tax became due and payable were a reference to the date the claim was reduced.

“the Acts” has the same meaning as it has in section 1095;