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Taxes Consolidation Act, 1997 (Number 39 of 1997)

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263F. Declarations relating to deposits made by a PEPP provider held for a PEPP

(1) The declaration referred to in paragraph (l) of the definition of “relevant deposit” in section 256(1) is a declaration in writing to a relevant deposit taker which—

(a) is made by a PEPP provider (in this section referred to as ‘the declarer’) in respect of a deposit that is an asset of a PEPP,

(b) is signed by the declarer,

(c) is made in such form as may be prescribed by the Revenue Commissioners,

(d) declares that, at the time when the declaration is made, the deposit in respect of which the declaration is made—

(i) is an asset of a PEPP, and

(ii) is managed by the declarer for the PEPP who is beneficially entitled to the deposit,

(e) contains the name, address and tax reference number of the PEPP referred to in paragraph (d),

(f) contains an undertaking by the declarer that if the deposit ceases to be an asset of the PEPP, including a case where the deposit is transferred to another PEPP, the declarer will notify the relevant deposit taker accordingly, and

(g) contains such other information as the Revenue Commissioners may reasonably require for the purpose of this Chapter.

(2) A relevant deposit taker shall—

(a) keep and retain for the longer of the following periods:

(i) a period of 6 years, and

(ii) a period which, in relation to the deposit in respect of which the declaration is made, ends not earlier than 3 years after the date on which the deposit is repaid or, as the case may be, becomes a relevant deposit,

and

(b) on being so required by notice given to it in writing by an inspector, make available to the inspector, within the time specified in the notice,

all declarations of the kind mentioned in subsection (1) which have been made in respect of deposits held by the relevant deposit taker.

(3) The inspector may examine or take extracts from or copies of any declarations made available to him or her under paragraph (a).

(4) In this section—

PEPP” has the same meaning as it has in Chapter 2D of Part 30;

PEPP provider” has the same meaning as it has in Chapter 2D of Part 30.

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Inserted by FA22 s21(5). Comes into operation on 1 January 2023.