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Taxes Consolidation Act, 1997 (Number 39 of 1997)


896AReturns in relation to settlements and trustees.

(1) In this section—

authorised officer” means an officer of the Revenue Commissioners authorised by them in writing to exercise the powers conferred on them by this section;

settlement” and “settlor” have the same meanings respectively as in section 10.

(2) Where any person, in the course of a trade or profession carried on by that person, has been concerned with the making of a settlement and knows or has reason to believe that, at the time of the making of the settlement—

(a) the settlor was resident or ordinarily resident in the State, and

(b) the trustees of the settlement were not resident in the State, then that person shall, within the period specified in subsection (3), deliver to the appropriate inspector (within the meaning assigned by section 894(1)) a statement specifying—

(i) the name and address of the settlor,

(ii) the names and addresses of the persons who are the trustees of the settlement, and

(iii) the date on which the settlement was made or created.

(3) The statement referred to in subsection (2) shall be delivered—

(a) in a case where the settlement is one made on or after the date of the passing of the Finance (No. 2) Act 2008, within 4 months of the date of the making of the settlement, or

(b) in a case where the settlement is one made within the 5 year period prior to the passing of the Finance (No. 2) Act 2008, within 6 months of the date of the passing of the Act.

(4) For the purposes of this section trustees of a settlement shall be regarded as not resident in the State unless the general administration of the settlement is ordinarily carried on in the State and the trustees or a majority of each class of trustees are for the time being resident in the State.

(5) An authorised officer may by notice in writing require any person, whom the authorised officer has reason to believe has information relating to a settlement, to furnish to the authorised officer such information within such time as the authorised officer may direct.




Inserted by F(No.2)A08 s93.