111AAM UTPR group recovery

Summary

This section provides that where UTPR top-up tax payable is not paid within 12 months of the date on which the UTPR liability was due and payable an authorised officer may serve on a relevant member of a UTPR group for the fiscal year a notice for that unpaid UTPR liability.

Details

Definitions

(1) This subsection provides for definitions necessary for the operation of this section.

“authorised officer” means an officer of the Revenue Commissioners authorised in writing to exercise the powers conferred by this section.

For the purposes of this section any reference to an amount of UTPR top-up tax shall be construed as including a reference to any interest, surcharge or penalty relating to such an amount.

Application

(2) This subsection provides that this section shall apply where UTPR top-up tax payable by a UTPR group filer in respect of a fiscal year is not paid within 12 months of the date on which the UTPR liability was due and payable.

(3)(a) Where a UTPR group filer defaults for 12 months in respect of an amount of UTPR top-up tax due, an authorised officer may serve on a relevant member of a UTPR group for the fiscal year (known as a specified relevant UTPR member), a notice for the amount of the tax that remains outstanding. The payment must be received within 30 days. The authorised officer has 3 years after the date which is 12 months after the UTPR top-up tax is due and payable to make such a notice.

(3)(b) The payment can be recovered from the specified relevant UTPR member as if it was a tax due by the specified relevant UTPR member.

(3)(c) The authorised officer may revoke the notice and serve a separate notice on another member of the group to secure payment.

Relevant Date: Finance Act 2024