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Taxes Consolidation Act, 1997 (Number 39 of 1997)

[1]>

959AB Persons other than chargeable persons: time limit on Revenue assessment and amended assessment.

(1) Subject to the other provisions of this section [2]>and section 997<[2], a Revenue assessment on a person other than a chargeable person may be made or amended by a Revenue officer at any time not later than 4 years after the end of the chargeable period to which the assessment relates.

(2) In a case in which emoluments to which subsection (3) applies are received in a year of assessment subsequent to that for which they are assessable, a Revenue assessment on a person other than a chargeable person may be made or amended by a Revenue officer [3]>for the year of assessment for which the emoluments are assessable<[3] at any time not later than 4 years after the end of the year of assessment in which the emoluments were received.

(3) The emoluments to which this subsection applies are emoluments within the meaning of section 112(2), including any payments chargeable to tax by virtue of section 123 and any sums which by virtue of Chapter 3 of Part 5 are to be treated as perquisites of a person’s office or employment, being emoluments, payments or sums other than those taken into account in an assessment to income tax for the year of assessment in which they are received and, for the purposes of subsection (2)

(a) any such payment shall, notwithstanding anything in section 123(4), be treated as having been received at the time it was actually received, and

(b) any such sums which are not actually paid to that person shall be treated as having been received at the time when the relevant expenses were incurred or are treated for the purposes of Chapter 3 of Part 5 as having been incurred.

(4) Nothing in this section affects the operation of [4]>section 811 or 811A<[4][4]>section 811, 811A, 811C or 811D<[4].

<[1]

[1]

[+]

Inserted by FA12 sched4(part1).

[2]

[-]

Deleted by FA13 sched1(part1)(w)(i). Applies— (a) in the case of a chargeable period (within the meaning of section 321(2)) which is an accounting period of a company, as respects chargeable periods that start on or after 1 January 2013, and (b) in a case other than that referred to in paragraph (a), as respects the year of assessment (within the meaning of section 2(1)) 2013 and subsequent years of assessment.

[3]

[+]

Inserted by FA13 sched1(part1)(w)(ii). Applies— (a) in the case of a chargeable period (within the meaning of section 321(2)) which is an accounting period of a company, as respects chargeable periods that start on or after 1 January 2013, and (b) in a case other than that referred to in paragraph (a), as respects the year of assessment (within the meaning of section 2(1)) 2013 and subsequent years of assessment.

[4]

[-] [+]

Substituted by FA14 sched1(3).