891G Implementation of Council Directive 2014/107/EU of 9 December 2014 amending Directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation Returns of certain information by financial institutions

Summary

This section implements Council Directive 2014/107/EU on administrative cooperation in direct taxation, (more commonly referred to as ’DAC 2’), into Irish law. It will enables the Revenue Commissioners to make regulations obliging financial institutions to report financial account information including account balances, information on interest, dividends and other similar income and the gross proceeds from the sale of financial assets.

The Directive was adopted by EU Member States in December 2014. It provides for the mandatory automatic exchange of financial account information. International best practice in this area is set out in the OECD’s Common Reporting Standard and this Directive essentially imports this Standard into EU law.

The exchange of data is provided for by Ireland’s ratification on the Convention on Mutual Administrative Assistance in Taxation which is given legislative effect by section 826 of the TCA.

Details

(1) Subsection (1) sets out the purpose of the Section.

(2) Subsection (2) is the definition section and provides that

“Directive” means Council Directive 2011/16/EU of 15 February 2011¹ on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC, as amended by

• Council Directive 2014/107/EU of 9 December 2014² (commonly known as DAC2),
• Council Directive (EU) 2015/2376 of 8 December 2015³ (commonly known as DAC3),
• Council Directive (EU) 2016/881 of 25 May 2016⁴ (commonly known as DAC4),
• Council Directive (EU) 2016/2258 of 6 December 2016⁵ (commonly known as DAC5),
• Council Directive (EU) 2018/822 of 25 May 2018⁶ (commonly known as DAC6),
• Council Directive (EU) 2020/876 of 24 June 2020⁷ (commonly known as the Covid extensions),
• Council Directive (EU) 2021/514 of 22 March 2021⁸ (commonly known as DAC7),
• Council Directive (EU) 2023/2226 of 17 October 2023⁹ (commonly known as DAC8), and
• Council Directive (EU) 2025/872 of 14 April 2025¹⁰ (commonly known as DAC9).

other defined terms viz “account holder”, “financial account”, “high value account”, “lower value account”, “reportable account”, “reporting financial institution”, “TIN” (Tax Identification Number) and “change in circumstances” have the meanings given to them in the Directive.

(3) Subsection (3) allows the Revenue Commissioners to make regulations under this section.

(4) Subsection (4) states that the regulations may include provisions—

1. (4) (a) setting out the date by which financial institutions will have to make the returns required under the regulations,
2. (4) (b) prescribing the format of the return,
3. (4) (c) specifying the information to be included in the return,
4. (4) (d) specifying—
   1. (4) (d) (i) the currency in which the financial institutions is required to report,
   2. (4) (d) (ii) the rules for conversion of amounts denominated in a different currency,
5. (4) (e) specifying the requirement of the financial institutions to identify reportable accounts,
6. (4) (f) specifying the records and documents to be examined and obtained by the financial institution to enable the institution to identify reportable accounts,
7. (4) (g) specifying the records to be retained in relation to reportable accounts
8. (4) (h) specifying the additional requirements in relation to high value accounts and lower value accounts,
9. (4) (i) setting the circumstances in which a financial institution is required to aggregate all financial accounts held by the same individual or entity for the purpose of reporting those accounts,
10. (4) (j) specifying the actions to be taken by a registered financial institution where there is a change in circumstances in regard to the account holder,
11. (4) (k) setting out the conditions under which a financial institution may appoint a third party as its agent to carry out the duties and obligations imposed on it by the regulations,
12. (4) (l) setting out the circumstances in which a registered financial institution may make a nil return,
13. (4) (m) imposing an obligation on, and setting out the circumstances and time in which, a financial institution is obliged to obtain, and a customer is obliged to provide, a tax reference number,
14. (4) (n) defining “books” and “records for the purposes of the regulations,
15. (4) (o) determining the manner of keeping records and setting the period for retention of records so kept,
16. (4) (p) enabling the authorisation of Revenue officers, for the purpose of such officers
    1. (4) (p) (i) requiring-
       1. the production of books, records or other documents,
       2. the provision of information, explanations and particulars, and
       3. persons to give all such assistance as may reasonably required and as is specified in regulations,
       in relation to financial accounts within such time as may be specified in the regulations, and
    2. (4) (p) (ii) enabling the officers to make extracts from or copies of books, records or other documents or requiring that copies of such books, records and documents be made available, and
17. (4) (q) specifying such supplemental and incidental matters as appears to the Revenue Commissioners to be necessary
    1. (4) (q) (i) to enable any person to fulfil their obligations under the regulations, or
    2. (4) (q) (ii) for the general administrations and implementation of the regulations, including
       1. delegating authority to a Revenue officer to allow them to discharge any functions authorised by this section, and
       2. authorisation of Revenue officers by the Revenue Commissioners to exercise any powers or functions conferred by this section.

(5) Subsection (5) provides that every regulation made under the section must be laid before the Dáil as soon as may be after it is made and if a resolution annulling the regulation is passed by the Dáil within the next 21 days on which the Dáil has sat after the regulation has been laid before it, the regulation shall be so annulled but without prejudice to the validity of anything previously done thereunder.

(6) Subsection (6) provides that a Revenue officer authorised under the regulations may enter any premises or place of business of a financial institution for the purposes of

1. (6) (a) determining whether information
   1. (6) (a) (i) included in a return was correct, or
   2. (6) (a) (ii) not included in a return was correctly not included, or
2. (6) (b) examining the procedures put in place by the financial institution for the purposes of complying with its obligations under the regulations.

(7) Subsection (7), which is subject to the provisions of subsection (7)(A), is the penalty section and provides

1. (7) (a) that the provisions of section 898O shall apply to
   1. (7)(a)(i) reporting financial institution that fails to make a return as required by the regulations, and
   2. (7)(a)(ii)the making of incorrect or incomplete returns,
   as it applies to the failure to make a return or the making of incorrect or incomplete returns as referred to in section 898O.

The penalty for the failure, without reasonable excuse, to make a return or for making an incomplete or incorrect return under section 898O is €19,045. A further penalty of €2,535 also applies for each day a return remains outstanding.

2. (7)(b) that a person who does not comply with
   1. (7)(b)(i)the requirements of a Revenue officer in the exercise of the officer’s powers or duties under section 891G or the regulations, or
   2. (7)(b)(ii)with any requirements of the regulations,

will be liable to a penalty of €1,265.

(7)(A)(a) Subsection 7A(a) provides that, in the case of a partnership or trust, that the liable person shall be subject to the penalty under subsection 7.

(7)(A)(b) Subsection 7A(b) provides that hat the liable person in respect of a

1. partnership is the precedent partner (within the meaning of section 1007) of the partnership,
2. a trust, which is not an investment undertaking, is the trustees of the trust, and
3. a trust which is an investment undertaking, is the trustees of the trust, the management company or other such person who in the circumstances of the investment undertaking concerned
1. is authorised to act on behalf, or for the purposes, of the investment undertaking in respect of its investment activities, and
2. who habitually does so.

(7)(A)(c) Subsection 7A(c) provides that where A liable person that has identified under the provisions of subsection 7A(b) is a partnership or a trust then the provisions of subsection 7A(b) shall be applied to that partnership or trust identified as liable person until such time a liable person that is not a partnership or trust is identified.

(7)(A)(d) Subsection 7A(d) provides that an investment undertaking for the purposes of subsection 7A has the same meaning as it has in section 739B.

Subsection (8) provides that section 4 of the Post Office Savings Bank Act 1861 will not apply to the disclosure of information required to be included in a return made under the regulations.

Subsection (9) is an anti-avoidance provision that provides that where arrangements are entered into by any person and the main purpose or one of the main purposes of the arrangements is the avoidance of any of the obligations imposed by section 891G or the regulations, then the section and the regulations shall apply as if those arrangements had not been entered into.

Subsection (10) provides that where regulations are made under this section, any word or expression used in the making of those regulations will have the same meaning as given to it by Section VIII of Annex I or Annex II to the Directive.

Subsection (11) provides that the provisions of section 891F will not apply to a reportable account to which section 891G applies in order to avoid dual reporting under both sections.

Relevant Date: Finance Act 2025