111AAP QDTT group recovery

Summary

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

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