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Taxes Consolidation Act, 1997 (Number 39 of 1997)

Chapter 3

Capital gains tax penalties

[2]>

1077 Penalties for failure to make returns, etc. and for fraudulently or negligently making incorrect returns, etc.

[CGTA75 s51(1) and Sch4 par3(2) and (6)]

(1) Without prejudice to the generality of section 913(1), Chapter 1 of this Part shall, subject to any necessary modifications, apply in relation to capital gains tax, and sections 1052, 1053 and 1054, as applied by this section, shall for the purposes of the Capital Gains Tax Acts be construed as if in Schedule 29 there were included—

(a) in column 1, references to sections 914 to 917,

(b) in column 2, a reference to section 945, and

(c) in column 3, a reference to section 980.

(2) Where any person has been required by notice or precept given under the provisions of the Income Tax Acts as applied by section 913, or under section 914, 915, 916, 917 or 980, to do any act of a kind [1]>mentioned in any of the those provisions or sections,<[1][1]>mentioned in any of those provisions or sections,<[1] and the person fails to comply with the notice or precept, or where any person fraudulently or negligently makes, delivers, furnishes or produces any incorrect return, statement, declaration, list, account, particulars or other document (or knowingly makes any false statement or false representation) under any of those provisions or sections, Chapter 1 of this Part shall apply to the person for the purposes of capital gains tax as it applies in the case of a like failure or act for the purposes of income tax.

<[2]

[2]>

1077Penalties for failure to make returns, etc. and for deliberately or carelessly making incorrect returns.

(1) Without prejudice to the generality of section 913(1), Chapter 1 and Chapter 3B of this Part shall, subject to any necessary modifications, apply in relation to capital gains tax, and [3]>sections 1052, 1053, 1054 and 1077E<[3][3]>sections 1052, 1053 and 1054 and, as appropriate, section 1077E or 1077F<[3], as applied by this section, shall for the purposes of the Capital Gains Tax Acts be construed as if in Schedule 29 there were included—

(a) in column 1, references to sections 914 to 917,

(b) in column 2, a reference to section 945, and

(c) in column 3, a reference to section 980.

(2) Where any person has been required by notice or precept given under the provisions of the Income Tax Acts as applied by section 913, or under section 914, 915, 916, 917 or 980, to do any act of a kind mentioned in any of those provisions or sections, and the person fails to comply with the notice or precept, or where any person deliberately or carelessly makes, delivers, furnishes or produces any incorrect return, statement, declaration, list, account, particulars or other document (or makes any false statement or false representation) under any of those provisions or sections, Chapter 1 and Chapter 3B of this Part shall apply to the person for the purposes of capital gains tax as it applies in the case of a like failure or act for the purposes of income tax.

<[2]

[1]

[-] [+]

Substituted by FA08 sched8(1)(s). Has effect as on and from 13 March 2008.

[2]

[-] [+]

Substituted by F(No.2)A08 sched5(part2)(1)(aq). 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 FA21 sched1(o).