Miscellaneous (Part 41)

Summary

The section contains a number of supplementary provisions required for the purposes of Self Assessment.

Details

Time limits and amended assessments

(1) Provisions under section 1048 relating to the making of additional assessments on personal representatives of deceased individuals are applied to amended assessments under Self Assessment (section 955). This means that the inspector in making an amended assessment, for instance, on the personal representatives of a deceased person is bound by the time limits which apply in such cases.

Issue of notices

(2) Where a notice of assessment or notice of an amendment of an assessment bearing the name of the inspector is issued, by electronic or any other means, by the inspector (or on behalf of the inspector by another Revenue official), the relevant assessment is deemed to have been made by the inspector to the best of his/her judgement. The provision reflects the fact that the issue of such notices is computerised.

Final and conclusive assessments

(3) An assessment which is otherwise final and conclusive is not affected by the fact that the inspector has amended it or may amend it under section 955. Also, where the inspector elects under section 954(4) not to issue an assessment there is provision deeming a final and conclusive assessment to have been made on the date on which notice of the inspector’s decision is given. This ensures that certain provisions, which are affected by the date on which an assessment becomes final and conclusive, can continue to operate even though an inspector may amend, or elect not to make, an assessment.

Obligation to file a return

(4) There is an obligation under section 876 on those persons who are chargeable to income tax, and who have not been issued with the appropriate forms in which to make a return of income, to give notice of their chargeability to the inspector. The giving of such a notice of chargeability does not relieve a person of their obligation to file a Self Assessment return.

Capital gains tax

(5) The due dates for the payment of tax under the Self Assessment system do not apply in certain instances involving a charge to capital gains tax. This is the case where there is liability to capital gains tax on foot of gains to the beneficiaries of a non-resident trust or where payment of capital gains tax is by way of instalments in circumstances where the consideration for the disposal of an asset is received in instalments.

(6) The references in this Part to income tax provisions are to be construed as references to those provisions as applied for capital gains tax purposes where necessary.

Non-application of section 926

(7) Section 926, which provides for the estimate of certain “actual” amounts of income and deductions, is not to apply for Self Assessment purposes.

Relevant Date: Finance Act 2021