Finance Act, 2001

Amendment of section 1006A (offset between taxes) of Principal Act.

239.—Section 1006A of the Principal Act is amended—

(a) in subsection (1) in the definition of “liability” by the insertion after “as appropriate” of “, and includes any interest due under the Acts in relation to such tax, duty, levy or other charge”, and

(b) by the substitution of the following for subsection (2):

“(2) Notwithstanding any other provision of the Acts, where the Revenue Commissioners are satisfied that a person has not complied with the obligations imposed on the person by the Acts, in relation to either or both—

(a) the payment of a liability required to be paid, and

(b) the delivery of returns required to be made,

they may, in a case where a repayment is due to the person in respect of a claim or overpayment—

(i) where paragraph (a) applies, or where paragraphs (a) and (b) apply, instead of making the repayment set the amount of the claim or overpayment against any liability due under the Acts, and

(ii) where paragraph (b) only applies, withhold making the repayment until such time as the returns required to be delivered have been delivered.

(2A) Where the Revenue Commissioners have set or withheld a repayment by virtue of subsection (2), they shall give notice in writing to that effect to the person concerned and, where subsection (2)(ii) applies, interest shall not be payable under any provision of the Acts from the date of such notice in respect of any repayment so withheld.”.