808 Power to obtain information

Summary

The Revenue Commissioners – or an officer appointed by them – are empowered by this section to obtain particulars that they think are necessary in order to implement sections 806, 807, 807A, 807B, 807C and 809. There is special provision to ensure that solicitors may be required to furnish only certain specified and limited information, mainly, names and addresses. It is also provided that the section does not impose on any bank the obligation to furnish particulars of ordinary banking transactions between bank and customer, unless the bank is acting on behalf of the customer in transactions connected with certain avoidance operations.

Details

Definitions

(1) The terms “settlement” and “settlor” are defined by reference to section 10.

Information

(2) The Revenue Commissioners or an officer appointed by them may by notice in writing require any person to furnish within such time (not being less than 28 days) such particulars as they think necessary for the purposes of sections 806, 807, 807A, 807B, 807C and 809.

(3) The information which must be provided by a person on request includes details under the 3 areas specified in this subsection. These are —

• transactions in which the person is acting or has acted on behalf of others;
• transactions which the Revenue Commissioners (or an appointed officer) regard as relevant even though the person to whom the notice is given considers there is no liability to tax under section 806, 807, 807A, 807B, 807C or 809 ;
• whether the person has taken part, and if so what part, in such transactions.

Solicitors

(4) & (5) A solicitor is not to be deemed to have taken part in a transaction merely because of giving professional advice to a client. Otherwise, the solicitor might be caught under subsection (3)(c), which requires a person to give particulars of transactions in which he/she had taken part. It also limits the information which a solicitor may be required to furnish (unless with the consent of the client) as follows —

• in relation to the transfer of an asset, by an individual resident or ordinarily resident in the State, to certain foreign companies (that is, companies which, if resident in the State, would be close companies within the meaning of sections 430 and 431), the names and addresses of the transferor, the transferee and persons concerned in the associated operation;
• where the solicitor is concerned with the formation or management of such a company, the name and address of the company; and
• the names and addresses of a settlor and any non-resident or non-domiciled person who obtains income from such a settlement which the solicitor was involved in creating or executing.

Essentially, therefore, a solicitor cannot be required, except with the client’s consent, to supply more than the names and addresses of all persons involved in the transactions.

Banks

(6) The section does not impose any obligation on a bank to supply information about ordinary banking transactions between banker and customer carried out in the ordinary course of banking business, unless the bank has acted or is acting on behalf of the customer in connection with the formation or management of a closely held company resident or incorporated outside the State or in connection with the creation or execution of trusts or settlements by virtue of which income becomes payable to a person resident or domiciled outside the State.

Relevant Date: Finance Act 2021