959AE Other Revenue assessments and miscellaneous matters

Summary

This section provides that the Chapter does not affect the making of assessments under certain sections in order to recover capital gains tax. The section also preserves the right to make and amend assessments under various provisions of the Acts other than this Chapter. Finally, the section provides that an assessment does not cease to be final and conclusive because a Revenue officer has amended or may amend it. After an assessment has been made, it shall not be amended unless such amendment is authorised by the Acts.

Details

(1) Nothing in this Chapter prevents a Revenue officer raising assessments under:

• Section 960Q – recovery of amounts paid in error,
• Section 977 – recovery of CGT from shareholders,
• Section 978 – recovery of CGT from done,
• Section 980 – deduction of tax from consideration on disposal of certain assets,
• Section 1042 – CGT on non-residents,

and Chapter 7 of this Part, which sets out tax payment dates, will not necessarily apply to such other assessments.

(2) Other than provided for in subsection (1), an assessment under Chapter 5 will not be made on a chargeable person for a chargeable period at any time before the relevant return filing due date for the chargeable period unless at that time the person has delivered a return for the chargeable period.

(3) Notwithstanding anything in Chapter 5, a Revenue officer may make or amend an assessment where a provision of the Acts, other than Chapter 5, provides a right to assess or charge a person to tax or a right to make or amend an assessment on a person.

(4) A final and conclusive assessment will not for any purpose of the Acts be regarded as not final and conclusive or as ceasing to be final and conclusive by reason only of the fact that a Revenue Officer has amended or may amend the assessment.

Once made, an assessment cannot be amended unless such amendment is authorised by the Acts.

Relevant Date: Finance Act 2024