Finance (No. 2) Act, 2000
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Assessment and payment of tax. |
16.—(1) Tax in respect of any relevant residential property required to be included in a return under section 15 shall be due on 1 November immediately following the valuation date to which the return relates and tax so due shall be payable by the assessable person without the making of an assessment; but tax which has become due as aforesaid may be assessed on the assessable person (whether or not it has been paid when the assessment is made) if that tax, or any part of it, is no paid on or before the due date. | |
(2) In any case which— | ||
(a) a return under section 15 (1) is not delivered by an accountable person to the Commissioners on or before 1 November immediately following the relevant valuation date, or | ||
(b) the Commissioners are dissatisfied with any return made under section 15 (1), | ||
the Commissioners may make an assessment of tax payable upon the market value of the relevant residential property, or any part thereof, of the assessable person on the relevant valuation date of such amount or such further amount as, to the best of their knowledge, information and belief, ought to be charged, levied and paid and for this purpose the Commissioners may make such estimate of the market value of any property on that valuation date as they consider necessary. | ||
(3) The Commissioners may withdraw an assessment made under subsection (2) and make an assessment of the amount of tax payable on the basis of a return which, in their opinion, represents reasonable compliance with their requirements and which is delivered to the Commissioners within 30 days after the date of the assessment made by the Commissioners pursuant to subsection (2). | ||
(4) An assessment of tax may be reviewed by the Commissioners at any time and, where any amendment of an assessment is necessary as a result of the review whether in respect of the relevant residential property already assessed to tax or in respect of any additional relevant residential property, the Commissioners may, to the best of their knowledge, information and belief, make an amended assessment of the tax due and payable upon the market value of the relevant residential property of the assessable person concerned or any part thereof. | ||
(5) The making of an amended assessment shall not prejudice the right of the Commissioners to make further amended assessments of the amount of tax payable or to require delivery from the accountable person concerned of further returns, and this section shall apply to such returns. | ||
(6) Any tax or additional tax due under an assessment of tax or an amended assessment of tax made by virtue of this section shall be due and payable on the day next after the day on which the assessment of tax or the amended assessment of tax is made but, for the purposes of section 18 , that tax or additional tax shall be treated as having been payable at the time when it would have been payable if it had been payable by virtue of a correct return under section 15 (1). | ||
(7) Notwithstanding anything contained in any enactment, but subject to the provisions of this section, an assessment of tax or an amended assessment of tax may be made at any time. | ||
(8) Any amount of tax due or assessed under this section shall be due and payable to the Commissioners. | ||
(9) Section 928 of the Act of 1997 shall, with any necessary modifications, apply to an assessment of tax or an amended assessment of tax as it applies in relation to assessments to income tax. | ||
(10) Section 898 of the Act of 1997 shall, subject to any necessary modifications, apply in relation to tax as it applies in relation to income tax chargeable under Schedule D. | ||
(11) Notwithstanding the provisions of this section, an assessment or an amended assessment of tax may be made by the Commissioners under this section at any time and such assessment or amended assessment shall be made on— | ||
(a) the accountable person, | ||
(b) the person whom the Commissioners have reason to believe is an accountable person, or | ||
(c) the personal representative of a person whom the Commissioners have reason to believe would, if alive, be an accountable person, | ||
and where the assessment or amended assessment is so made on the personal representative, he or she shall have the same right of appeal under section 21 or 22 as if he or she were an accountable person. |