Finance Act 2003

Time limits.

111.—(1) The Finance Act 2002 is amended by inserting the following after section 73:

“73A.—(1) (a)  In relation to any month or period commencing on or after 1 May 2002, an estimate of betting duty payable or an assessment of betting duty payable under section 72 or 73 may be made at any time not later than 4 years after the end of the month or period to which the estimate or assessment relates or, where the period in respect of which the estimate or assessment is made consists of 2 or more months or periods, after the end of the earlier or the earliest month or period comprised in such month or period.

(b) Notwithstanding paragraph (a), in a case in which any form of fraud or neglect has been committed by or on behalf of any person in connection with or in relation to betting duty, an estimate or assessment as aforesaid may be made at any time for any month or period for which, by reason of the fraud or neglect, betting duty would otherwise be lost to the Exchequer.

(c) A person shall be deemed not to have failed to do anything required to be done within a limited time if he or she did it within such further time, if any, as the Revenue Commissioners may have allowed.

(d) Where a person has a reasonable excuse for not doing anything required to be done, he or she shall be deemed not to have failed to do it if he or she did it without unreasonable delay after the excuse had ceased.

(e) In this subsection “neglect” means negligence or a failure—

(i) to give any notice,

(ii) to furnish particulars,

(iii) to make any return, or

(iv) to produce or furnish any information, book, document, record or declaration,

required to be given, furnished, made or produced under this Chapter or regulations.

(2) (a) Where a person dies, an estimate or assessment of betting duty under section 72 or 73, as the case may be, may be made on his or her personal representative for any period for which such an estimate or assessment—

(i) could have been made upon him or her immediately before his or her death, or

(ii) could be made upon him or her if he or she were living,

in respect of betting duty which became due by such person before his or her death, and the amount of betting duty recoverable under such estimate or assessment shall be a debt due from and payable out of the estate of such a person.

(b) Subject to paragraph (c), an estimate or assessment of betting duty shall not be made by virtue of this subsection—

(i) later than 3 years after the expiration of the year in which the deceased person died, in a case in which the grant of probate or letters of administration was made in that year, and

(ii) later than 2 years after the expiration of the year in which such grant was made in any other case.

(c) Where a personal representative to whom paragraph (b) relates—

(i) after the year in which the deceased person died, delivers an additional affidavit under section 48 of the Capital Acquisitions Tax Consolidation Act 2003 , or

(ii) is liable to deliver an additional affidavit under the said section 48, has been so notified by the Revenue Commissioners and did not deliver such an affidavit in the year in which the deceased person died,

then such estimate or assessment referred to in paragraph (b) may be made at any time before the expiration of 2 years after the end of the year in which the additional affidavit was or is delivered.”.

(2) This section comes into operation on such day as the Minister for Finance may appoint by order.