888 Returns, etc by lessors, lessees and agents

Summary

This section imposes an obligation on lessors (including former lessors), lessees and agents to provide, when required to do so by notice in writing from an inspector, information in relation to income chargeable to tax under Case IV or V of Schedule D.

The section also provides that the inspector may require similar details from any Minister of the Government, the Health Service Executive, a local authority or other statutory board, authority or similar body which makes a payment of rent or rent subsidy.

Additionally, agents are required to provide details in relation to income which, if it had arisen in the State, would be chargeable under Case V. This, in effect, means rental income from foreign property.

Details

(1) “lease”, “lessee”, and “rent” have the meanings set out in section 96.

“local property tax number” and “residential property” take their meanings from the Finance (Local Property Tax) Act 2012.

“Premises” means any lands, tenements and hereditaments, wherever situated.

(2) The purpose of the section is to allow an inspector obtain certain details regarding rent or other such payments arising from or in respect of premises for the purposes of enabling him/her determine the amount of profit or gains to be assessed under Case IV or V of Schedule D, or Case III in respect of foreign properties. For this purpose, an inspector may request information from —

• any lessor or former lessor of premises,
• any lessee, occupier or former lessee or occupier, of premises,
• any person who, as agent, manages premises or is in receipt of rent or other payments arising from premises, including foreign property,
• Ministers of the Government, the Health Service Executive, local authorities, and other statutory boards and authorities.

The information which may be requested includes—

• details of the rent or other payments,
• the address of the premises concerned,
• the LPT number of the premises (subject to a Commencement Order),
• the name and address of the landlord(s),
• the tax reference number of the landlord (subject to a Commencement Order),
• where the information is requested from a Minister of the Government, the Health Service Executive, a local authority, or another statutory board or authority, the tax reference number of that landlord,
• the terms of a lease,
• the details of rent subsidies, and
• any other particulars specified in the inspector’s notification.

(3) In this section, a reference to a “tax reference number” means —

• where the landlord is an individual, their Personal Public Service Number (within the meaning of section 262 of the Social Welfare Consolidation Act 2005), and
• as respects any other landlord, the reference number stated on any return form of income or profits, or notice of assessment issued by Revenue to that landlord.

Where a Minister of the Government, the Health Service Executive, a local authority, or another statutory board or authority makes a payment of rent or rent subsidy to a landlord, they shall request, before the day they make the payment, either the landlord’s tax reference number or confirmation from the landlord that he/she does not have a tax reference number. The landlord must comply with this request.

A person who manages premises or receives rent or other payments on behalf of another person must request that person’s tax reference number or confirmation from the person that he/she does not have a tax reference number. The person must comply with this request. (Subject to a Commencement Order).

If, on making their information return to an inspector, a Minister of the Government, the Health Service Executive, a local authority, or another statutory board or authority has requested but not received the landlord’s tax reference number, they must, unless they can otherwise provide it, state that they cannot provide the landlord’s tax reference number.

Relevant Date: Finance Act 2021