PART 6 RETURNS AND ASSESSMENTS

Overview

This Part deals with matters such as the persons who are accountable for the payment of tax, the retention of records for a certain period of time, the delivery of returns, the expression of doubt on a particular technical point in a return, the assessment of tax, the signing of returns, affidavits and accounts and the computation of tax.

45 Accountable persons

Summary

This section identifies the persons liable for payment of tax. The liability rests on the donee or successor (or transferee, in any case where the provisions of section 32 apply). These persons have the power to raise the amount of tax and any expenses properly paid or incurred by that person by the sale or mortgage of, or a terminable charge on, the property or any part of the property.

The section also gives a person authorised by the Revenue Commissioners the right to inspect records (including records held in electronic form) in the custody of any public officer and to copy and take notes and extracts as that person considers necessary.

Details

(1) The liability for the payment of tax rests on the donee or successor. However, in the case dealt with in section 32(2) (i.e. where the benefit is transferred to a transferee by the beneficiary before it becomes an interest in possession), the primary liability rests on the transferee.

(2) The tax will be recoverable from the persons referred to in subsection (1) and the personal representatives of such persons, where those persons have died, on whom the Revenue Commissioners have served notice in writing of the assessment of tax under section 49(4).

(3) The persons referred to in subsection (1) and the personal representatives of such persons have power to raise the amount of such tax and any expenses properly paid or incurred by that person in respect of raising the amount of such tax by the sale or mortgage of, or a terminable charge on, the property or any part of the property.

(4) A person who is authorised by the Revenue Commissioners can inspect any public or official records (including any records held in electronic form) that may tend to secure the tax, or to prove or lead to the discovery of any fraud or omission in relation to the tax.

Relevant Date: Finance Act 2015