PART VI

Returns and Assessments

35. —(1) The person primarily accountable for the payment of tax shall be—

(a) save as provided in paragraph (b), the donee or successor, as the case may be; and

(b) in the case referred to in section 23 (1), the transferee referred to in that subsection, to the extent referred to in that subsection.

(2) Subject to subsections (3) and (4), the following persons shall also be accountable for the payment of any amount of the tax for which the persons referred to in subsection (1) are made primarily accountable—

(a) in the case of a gift—

(i) the disponer; and

(ii) every trustee, guardian, committee, personal representative, agent or other person in whose care any property comprised in the gift or the income therefrom is placed at the date of the gift or at any time thereafter and every person in whom the property is vested after that date, other than a bona fide purchaser or mortgagee for full consideration in money or money's worth, or a person deriving title from or under such a purchaser or mortgagee;

(b) in the case of an inheritance, every trustee, guardian, committee, personal representative, agent or other person in whose care any property comprised in the inheritance or the income therefrom is placed at the date of the inheritance or at any time thereafter and every person in whom the property is vested after that date, other than a bona fide purchaser or mortgagee for full consideration in money or money's worth, or a person deriving title from or under such a purchaser or mortgagee:

Provided that the disponer as such shall not be so accountable in the case where the date of the disposition was prior to the 28th day of February, 1974.

(3) No person referred to in subsection (2) (a) (ii) or (b) shall (unless he is a person who is also primarily accountable under subsection (1)) be liable for tax chargeable on any gift or inheritance to an amount in excess of—

(a) the market value of so much of the property of which the gift or inheritance consists; and

(b) so much of the income from such property,

which has been received by him, or which, but for his own neglect or default, would have been received by him or to which he is beneficially entitled in possession.

(4) A person who acts solely in the capacity of an agent shall not be liable for tax chargeable on a gift or inheritance to an amount in excess of the market value of so much of the property of which the gift or inheritance consists and of the income from such property which he held, or which came into his possession, at any time after the serving on him of the notice referred to in subsection (5).

(5) The Commissioners may serve on any person who acts solely in the capacity of agent in relation to any property comprised in a gift or an inheritance a notice in writing informing him of his liability under this section.

(6) The tax shall be recoverable from any one or more of—

(a) the accountable persons; and

(b) the personal representatives of any accountable persons who are dead,

on whom the Commissioners have served notice in writing of the assessment of tax in exercise of the power conferred on them by section 39:

Provided that the liability of a personal representative under this subsection shall not exceed the amount for which the accountable person, of whom he is the personal representative, was liable.

(7) Any person referred to in subsection (2) (a) or (b) or in subsection (6) (b) who is authorised or required to pay, and pays, any tax in respect of any property comprised in a gift or in an inheritance may recover the amount paid by him in respect of tax from the person primarily accountable therefor.

(8) A person—

(a) who is primarily accountable for the payment of tax; or

(b) referred to in subsection (2) (a) or (b) or in subsection (6) (b) who is authorised or required to pay tax,

in respect of any property shall, for the purpose of paying the tax, or raising the amount of the tax when already paid, have power, whether the property is or is not vested in him, to raise the amount of such tax and any interest and expenses properly paid or incurred by him in respect thereof, by the sale or mortgage of, or a terminable charge on, that property or any part thereof.

(9) If a person, who is primarily accountable for the payment of tax in respect of a gift or inheritance (in this subsection and in subsection (11) referred to as the first gift or inheritance) derived from a disponer, has not paid the tax on the first gift or inheritance, the Commissioners may serve a notice in writing in accordance with subsection (11) on any person who is, by virtue of paragraph (a) (ii) or (b) of subsection (2), accountable for the payment of tax on any other gift or inheritance (referred to in subsections (10) and (11) as the second gift or inheritance) taken by the same donee or successor from the same disponer, and the person on whom the notice is served shall thereupon become accountable for the payment of tax in respect of the first gift or inheritance.

(10) The provisions of subsections (3), (4), (5), (6), (7) and (8) shall apply in relation to a person made accountable under subsection (9) as they apply in relation to a person referred to in paragraph (a) (ii) or (b) of subsection (2) and, for the purposes of this subsection—

(a) references in subsections (3) and (4) to the property of which the gift or inheritance consists; and

(b) the second and third references to property in subsection (8),

shall be construed as references to the property of which the second gift or inheritance consists, in so far as the last-mentioned property had not been duly paid out at the date of the service of the notice under subsection (9).

(11) A notice under subsection (9) shall refer expressly to the first and the second gift or inheritance, and shall inform the person on whom it is served of his accountability in respect of the first gift or inheritance.

(12) Every public officer having in his custody any rolls, books, records, papers, documents, or proceedings, the inspection whereof may tend to secure the tax, or to prove or lead to the discovery of any fraud or omission in relation to the tax, shall at all reasonable times permit any person thereto authorised by the Commissioners to inspect the rolls, books, records, papers, documents and proceedings, and to take notes and extracts as he may deem necessary.

36. —(1) In this section—

(a) notwithstanding anything contained in sections 6 and 12—

(i) a reference to a taxable gift is a reference to a taxable gift taken on or after the 28th day of February, 1974;

(ii) a reference to a taxable inheritance is a reference to a taxable inheritance taken on or after the 1st day of April, 1975; and

(iii) a reference, other than in subparagraph (i), to a gift or a taxable gift includes a reference to an inheritance or a taxable inheritance, as the case may be; and

(b) a reference to a donee includes a reference to a successor.

(2) Any person who is primarily accountable for the payment of tax by virtue of section 35 (1) shall, within three months after the relevant date referred to in subsection (5), deliver to the Commissioners a full and true return—

(a) of every gift in respect of which he is so primarily accountable and to which this subsection applies;

(b) of all the property comprised in such gift; and

(c) of an estimate of the market value of such property.

(3) Subsection (2) applies to a gift in the case where—

(a) the taxable value of the taxable gift taken by the donee from the disponer—

(i) (I) exceeds £120,000; and

(II) the donee is a spouse, child, or minor child of a deceased child, of the disponer;

(ii) (I) exceeds £12,000; and

(II) the donee is a lineal ancestor or a lineal descendant (other than a child, or a minor child of a deceased child) of the disponer;

(iii) (I) exceeds £8,000; and

(II) the donee is—

(A) a brother or a sister of the disponer; or

(B) a child of a brother or of a sister of the disponer; or

(iv) (I) exceeds £4,000; and

(II) the donee does not stand to the disponer in a relationship referred to in subparagraph (i) (II), (ii) (II) or (iii) (II);

(b) the taxable value of a taxable gift taken by a donee from the disponer increases the total taxable value of all taxable gifts taken by the donee from the disponer from an amount less than or equal to the amount specified in paragraph (a) (i) (I), (a) (ii) (I), (a) (iii) (I) or (a) (iv) (I), as the case may be, to an amount which exceeds the amount so specified;

(c) the total taxable value of all taxable gifts taken by the donee from the disponer exceeds the amount specified in paragraph (a) (i) (I), (a) (ii) (I), (a) (iii) (I) or (a) (iv) (I), as the case may be, and the donee takes a further taxable gift from the disponer; or

(d) the donee is required by notice in writing by the Commissioners to deliver a return.

(4) Any reference in subsection (3) (b) or (c) to the total taxable value of all taxable gifts includes a reference to the total aggregable value of all aggregable gifts and for the purpose of this section “aggregable gift” and “aggregable value” have the meanings assigned to them by paragraph 1 of Part I of the Second Schedule.

(5) For the purposes of this section, the relevant date shall be—

(a) the valuation date or three months after the passing of this Act, whichever is the later; or

(b) where the donee is required by notice in writing by the Commissioners to deliver a return, the date of the notice.

(6) Any person who is accountable for the payment of tax by virtue of subsection (2) or (9) of section 35 shall, if he is required by notice in writing by the Commissioners to do so, deliver a return to the Commissioners within such time, not being less than 30 days, as may be specified in the notice.

(7) Any accountable person shall, if he is so required by the Commissioners by notice in writing, deliver and verify to the Commissioners within such time, not being less than 30 days, as may be specified in the notice, a statement of such particulars together with such evidence as they require relating to any property, as may be relevant to the assessment of tax in respect of the gift.

(8) The Commissioners may by notice in writing require any accountable person to deliver to them within such time, not being less than 30 days, as may be specified in the notice, an additional return, if it appears to the Commissioners that a return made by that accountable person is defective in a material respect by reason of anything contained in or omitted from it.

(9) Where any accountable person who has delivered a return or an additional return is aware or becomes aware at any time that the return or additional return is defective in a material respect by reason of anything contained in or omitted from it, he shall, without application from the Commissioners and within three months of so becoming aware, deliver to them an additional return.

37. —(1) A return or an additional return required to be delivered under this Act shall be signed by the accountable person who delivers the return or the additional return and shall include a declaration by the person signing it that the return or additional return is, to the best of his knowledge, information and belief, correct and complete.

(2) The Commissioners may require a return or an additional return to be made on oath.

(3) The Commissioners may, if they so think fit, accept a return or an additional return under this Act that has not been signed in accordance with this section and such return or additional return shall be deemed to be duly delivered to the Commissioners under this Act.

(4) A return, additional return, affidavit, additional affidavit, account or additional account, delivered under this Act, shall be made on a form provided by the Commissioners.

(5) Any oath or affidavit to be made for the purposes of this Act may be made—

(a) before the Commissioners;

(b) before any officer or person authorised by the Commissioners in that behalf;

(c) before any Commissioner for Oaths or any Peace Commissioner or Notary Public in the State; or

(d) at any place outside the State, before any person duly authorised to administer oaths there.

38. —(1) In this section, “Inland Revenue affidavit” has the meaning assigned to it by section 22 (1) (n) of the Finance Act, 1894.

(2) The Inland Revenue affidavit required for an application for probate or letters of administration shall extend to the verification of a statement of the following particulars—

(a) details of all property in respect of which the grant of probate or administration is required and, in the case of a deceased person who died domiciled in the State, details of all property, wheresoever situate, the beneficial ownership of which, on his death, is affected—

(i) by his will;

(ii) by the rules for distribution on intestacy; or

(iii) by Part IX or section 56 of the Succession Act, 1965 ;

(b) details of any property which was the subject matter of a disposition inter vivos made by the deceased person where the date of the disposition was within two years prior to his death or of a donatio mortis causa;

(c) details of the inheritances arising under the will or intestacy of the deceased person or under Part IX or section 56 of the Succession Act, 1965 , or under the analogous law of another territory, together with a copy of any such will;

(d) particulars of the inheritances (including the property comprised therein) other than those referred to in paragraphs (b) and (c), arising on the death of the deceased person;

(e) the name and address of each person who takes an inheritance on the death of the deceased person and his relationship to the disponer; and

(f) such other particulars as the Commissioners may require for the purposes of this Act.

(3) Where the interest of the deceased person was a limited interest and that person died on or after the 1st day of April, 1975, the trustee of the property in which the limited interest subsisted shall deliver an account which shall contain the following particulars—

(a) details of each inheritance arising on the death of the deceased person under the disposition under which the limited interest of the deceased person arose, including the name and address of each person taking such inheritance and his relationship to the disponer; and

(b) such other particulars as the Commissioners may require for the purposes of this Act.

(4) If at any time it shall appear that any material error or omission was made in an affidavit or account referred to in this section, the persons liable to deliver an affidavit or account shall be liable to deliver an additional affidavit or an additional account, correcting the error or omission.

39. —(1) Assessments of tax under this Act shall be made by the Commissioners.

(2) If at any time it appears that for any reason an assessment was incorrect, the Commissioners may make a correcting assessment, which shall be substituted for the first-mentioned assessment.

(3) If at any time it appears that for any reason too little tax was assessed, the Commissioners may make an additional assessment.

(4) The Commissioners may serve notice in writing of the assessment of tax on any accountable person or, at the request of an accountable person, on his agent, or on the personal representative of an accountable person if that person is dead.

(5) Where the place of residence of the accountable person or of his personal representative is not known to the Commissioners they may publish in the Iris Oifigiúil a notice of the making of the assessment with such particulars thereof as they shall think proper and on the publication of the notice in the Iris Oifigiúil the accountable person or his personal representative, as the case may be, shall be deemed to have been served with the notice of the assessment on the date of such publication.

(6) Any assessment, correcting assessment or additional assessment under this section may be made by the Commissioners from any return or additional return delivered under the provisions of section 36 or from any other information in the possession of the Commissioners or from any one or more of these sources.

(7) The Commissioners, in making any assessment, correcting assessment or additional assessment, otherwise than from a return or an additional return which is satisfactory to them, shall make an assessment of such amount of tax as, to the best of their knowledge, information and belief, ought to be charged, levied and paid.

40. —The amount of tax payable shall be computed in accordance with the provisions of the Second Schedule.