111AAQ Expression of doubt

Summary

This section provides that a person may express doubt when submitting a GloBE return provided that the return is submitted on time (i.e. by the return filing date for the fiscal year or accounting period involved) and that the doubt is genuine. The section provides that a Revenue officer may refuse to accept an expression of doubt in certain circumstances. However, the section provides a right of appeal against such a decision.

Details

Definitions

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

“law” means one or more provisions of this Part;

“letter of expression of doubt”, in relation to a matter, means a communication by electronic means which:

1. sets out full details of the facts and circumstances of the matter,
2. specifies the doubt, the basis for the doubt and the law giving rise to the doubt,
3. identifies the amount of GloBE tax in doubt in respect of the fiscal year to which the expression of doubt relates,
4. lists or identifies the supporting documentation that is being submitted in relation to the matter, and
5. is clearly identified as a letter of expression of doubt for the purposes of this section,

and a reference to “an expression of doubt” shall be construed accordingly.

General

(2) This section provides that an entity may file an expression of doubt with the GloBE return where they are in doubt as to the correct application of the law relating to the application of this Part, or where applicable, doubt relating to the application of guidance.

(3) This section applies only if the GloBE return is delivered to the Revenue Commissioners, along with supporting documentation, on or before the specified return date for the fiscal year involved.

(4) A self-assessment shall also be included in the GloBE return.

(5) This subsection provides that subject to subsection (6), where a letter of expression of doubt is included with a return, that person shall be treated as making a full and true disclosure with regard to the matter involved, and any additional GloBE tax arising from the amendment of an assessment for the fiscal year by a Revenue officer to give effect to the correct application of the law to that matter shall be due and payable in accordance with section 959AU(2) (date of payment with regards to amended assessments) i.e. any additional tax due by reason of the amendment of the assessment shall be deemed to have been due and payable not later than one month from the date of the amendment.

(6) This subsection provides that where a Revenue officer does not accept as genuine an expression of doubt because the Revenue officer either views the matter is sufficiently free from doubt as not to warrant an expression of doubt, or the officer is of the opinion that the constituent entity was acting with a view to the evasion or avoidance of GloBE tax then subsection (5) does not apply and the person shall not be treated as making a full and true disclosure with regard to the matter involved.

(7) Where a Revenue officer does not accept an expression of doubt as genuine, he or she shall notify the entity accordingly and any additional GloBE tax arising from the amendment of an assessment for the fiscal year by a Revenue officer to give effect to the correct application of the law to the matter involved shall be due and payable on the same day as the original liability was due.

(8) This subsection provides that an entity aggrieved by a Revenue officer's decision that the entity’s expression of doubt is not genuine may appeal the decision to the Appeal Commissioners, in accordance with section 949I, within the period of 30 days after the date of the notice of that decision.

Relevant Date: Finance Act 2024