Taxes Consolidation Act, 1997 (Number 39 of 1997)
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1075Penalties for failure to furnish certain information and for incorrect information.
[CTA76 s149]
(1) Where any person has been required by notice given under or for the purposes of section 401 or 427 or Part 13 to furnish any information or particulars and that person fails to comply with the notice, that person shall be liable, subject to subsection (3), to a penalty of [1]>£100<[1][1]>€125<[1] and, if the failure continues after judgment has been given by the court before which proceedings for the penalty have been commenced, to a further penalty of [2]>£10<[2][2]>€10<[2] for each day on which the failure so continues.
(2) Where the person fraudulently or negligently furnishes any incorrect information or particulars of a kind mentioned in section 239, 401 or 427 or Part 13, the person shall be liable, subject to subsection (4), to a penalty of [3]>£100<[3][3]>€125<[3] or, in the case of fraud, [4]>£250<[4][4]>€315<[4].
(3) Where the person mentioned in subsection (1) is a company—
(a) the company shall be liable to a penalty of [5]>£500<[5][5]>€630<[5] and, if the failure continues after judgment has been given by the court before which proceedings for the penalty have been commenced, to a further penalty of [6]>£50<[6][6]>€60<[6] for each day on which the failure so continues, and
(b) the secretary of the company shall be liable to a separate penalty of [7]>£100<[7][7]>€125<[7].
(4) Where the person mentioned in subsection (2) is a company—
(a) the company shall be liable to a penalty of [8]>£500<[8][8]>€630<[8] or, in the case of fraud, [9]>£1,000<[9][9]>€1,265<[9], and
(b) the secretary of the company shall be liable to a separate penalty of [10]>£100<[10][10]>€125<[10] or, in the case of fraud, [11]>£200<[11][11]>€250<[11].
(5) Subsection (3) of section 1053 shall apply for the purposes of this section as it applies for the purposes of section 1053.
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1075Penalties for failure to furnish certain information and for incorrect information.
(1) Where any person has been required by notice given under or for the purposes of section 401 or 427 or Part 13 to furnish any information or particulars and that person fails to comply with the notice, that person shall be liable, subject to subsection (3), to a penalty of €3,000 and, if the failure continues after judgment has been given by the court before which proceedings for the penalty have been commenced, to a further penalty of €10 for each day on which the failure so continues.
(2) Where the person furnishes any incorrect information or particulars of a kind mentioned in section 239, 401 or 427 or Part 13, the person shall be liable, subject to subsection (4), to a penalty of €3,000.
(3) Where the person mentioned in subsection (1) is a company—
(a) the company shall be liable to a penalty of €4,000 and, if the failure continues after judgment has been given by the court before which proceedings for the penalty have been commenced, to a further penalty of €60 for each day on which the failure so continues, and
(b) the secretary of the company shall be liable to a separate penalty of €3,000.
(4) Where the person mentioned in subsection (2) is a company—
(a) the company shall be liable to a penalty of €4,000, and
(b) the secretary of the company shall be liable to a separate penalty of €3,000.
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(5) Subsection (3) of section 1053 and subsection (9) of section 1077E shall apply for the purposes of this section as it applies for the purposes of section 1053 and of section 1077E.
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(5) Subsection (3) of section 1053 and, as appropriate, subsection (9) of section 1077E or subsection (12) of section 1077F, shall apply for the purposes of this section as each of those subsections apply for the purposes of section 1053 and, as appropriate, [14]>section 1077E or 1077F<[14][14]>section 1077E or 1077F.<[14]
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Substituted by F(No.2)A08 sched5(part2)(1)(ap). 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.