Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022

Tax clearance

41. (1) Subject to subsection (2), the Board shall refuse to grant or renew registration in respect of a person in relation to whom a tax clearance certificate is not in force.

(2) The Board may grant or renew registration in respect of such a person if—

(a) the person has, at least 4 months before applying for registration or renewal, applied for a tax clearance certificate and it has been refused and an appeal against the refusal has been made under section 1094(7) of the Act of 1997 but not determined, and

(b) the Board would, but for subsection (1) have granted or renewed registration.

(3) Registration granted or renewed on foot of subsection (2) shall expire after 7 days beginning on the date on which the appeal concerned referred to in that subsection has been determined or finally determined and such appeal is unsuccessful.

(4) The Collector-General shall notify the Board of any appeal against a refusal of an application to issue a tax clearance certificate and of the final determination of any such appeal.

(5) The reference in subsection (2)(a) to section 1094(7) of the Act of 1997 is to that provision as applied by subsection (6) of section 1095 of that Act.

(6) In this section—

“Act of 1997” means the Taxes Consolidation Act 1997 ;

“Collector-General” means the Collector-General appointed under section 851 of the Act of 1997;

“person” means a provider of building works;

“tax clearance certificate” means a certificate under section 1095 of the Act of 1997.