959AC Chargeable persons: Revenue assessment and amendment of assessments in absence of return, etc.

Summary

This section provides that assessments and amendments of assessments on chargeable persons may be made at any time where a return is not received; where a Revenue officer is not satisfied with a return on the basis of information received; or where a Revenue officer has reasonable grounds for believing that a return does not contain a full and true disclosure of all material facts necessary to make an assessment.

Details

(1) “Information” is defined as including information received from an Garda Síochana

(2) Notwithstanding the general 4-year time limit set out in section 959AA, where

• a person fails to file a return
• a Revenue officer is are not satisfied with the sufficiency of the return based on information received, or
• a Revenue officer has reasonable grounds for believing that the return delivered doesn’t contain a full and true disclosure of all material facts necessary to make an assessment,

then, at any time, a Revenue officer may make a Revenue assessment based on their best judgement.

(3) Where a Revenue assessment is made under this section in circumstances where there has been a failure to file a return, the normal particulars included in the notice of assessment, for example under section 959C, shall not be required and only the amount of tax payable must be set out.

(4) This section also provides that a Revenue officer may, at any time, amend a Revenue assessment or a self-assessment in any of the circumstances set out in subsection (2).

Relevant Date: Finance Act 2024