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Taxes Consolidation Act, 1997 (Number 39 of 1997)

789 Supplementary provisions (Chapter 3).

[ITA67 s240; F(MP)A68 s3(2) and Sch PtI]

(1) Any question as to whether an annuity is a purchased life annuity to which section 788 applies, or what is the capital element in such an annuity, shall be determined by the inspector, but any person aggrieved [4]>by any decision of the inspector on any such question may appeal within the prescribed time to the Appeal Commissioners<[4][4]>by any determination of the inspector on any such question may appeal the determination to the Appeal Commissioners, in accordance with section 949I, within the period of 30 days after the date of the notice of that determination<[4].

(2) Except where otherwise provided in this Chapter, the procedure to be adopted in giving effect to this Chapter shall be such as may be prescribed.

(3) The Revenue Commissioners may make regulations for prescribing anything which is to be prescribed under this Chapter, and the regulations may apply, for the purposes of this Chapter or of the regulations, any provision of the Income Tax Acts (with or without modifications)[5]>, and in particular the provisions relating to the rehearing of an appeal and to the statement of a case for the opinion of the High Court on a point of law<[5].

(4) Regulations under subsection (3) may in particular make provision as to the time limit for making any claim for relief from or repayment of tax under this Chapter and as to all or any of the following matters—

(a) the information to be given in connection with the determination of any question whether an annuity is a purchased life annuity to which section 788 applies, or what is the capital element in an annuity, and the persons who may be required to give any such information;

(b) the manner of giving effect to the decision on any such question, and the making of assessments for the purpose on the person entitled to the annuity (notwithstanding anything in section 237);

(c) the extent to which any decision on any such question is to be binding and the circumstances in which it may be reviewed.

(5) Where any person, for the purpose of obtaining for that person or for any other person any relief from or repayment of tax under this Chapter,[2]>knowingly<[2] makes any false statement or false representation, that person shall be liable to a penalty of [1]>£500<[1][3]>[1]>€630<[1]<[3][3]>€3,000<[3].

[1]

[-] [+]

Substituted by FA01 sched5.

[2]

[-]

Deleted by F(No.2)A08 sched5(part2)(1)(h)(i). The enactments specified in Schedule 5 are amended or repealed to the extent and manner specified in that Schedule and, unless the contrary is stated, shall come into effect after 24 December 2008.

[3]

[-] [+]

Substituted by F(No.2)A08 sched5(part2)(1)(h)(ii). The enactments specified in Schedule 5 are amended or repealed to the extent and manner specified in that Schedule and, unless the contrary is stated, shall come into effect after 24 December 2008.

[4]

[-] [+]

Substituted by F(TA)A15 s38(7)(e). With effect from 21 March 2016 per S. I. No 110 of 2016.

[5]

[-]

Deleted by F(TA)A15 s38(7)(f). With effect from 21 March 2016 per S. I. No 110 of 2016.