Finance Act, 1953


Unremittable Income: Income Tax, Sur-tax and Corporation Profits Tax.

Unremittable income.

10.—(1) In this section—

“tax” means income tax, sur-tax or corporation profits tax, as the case may be;

“particular income” means income arising outside the State, the amount of which is, or is included in, the amount (in this section referred to as the said amount) on which, in accordance with the relevant statute, the tax is computed.

(2) Subject to the other subsections of this section, the provisions of this section shall have effect where—

(a) tax is charged by an assessment for any period, whether beginning before the date of the passing of this Act or otherwise, and whether the assessment has been made before that date or otherwise, and

(b) the tax has not been paid.

(3) In any case in which, on or after the date on which the tax has become payable, such proof is given to the Revenue Commissioners as renders them satisfied that particular income cannot, by reason of legislation in the country in which it arises or of executive action of the Government of that country, be remitted to the State, the Revenue Commissioners may, for the purposes of collection, treat the assessment as if the said amount did not include the particular income, but such treatment shall terminate on the Revenue Commissioners ceasing to be satisfied as aforesaid.

(4) The Revenue Commissioners may, for the purposes of this section, call for such information as they consider necessary.

(5) Any person who is dissatisfied with a decision of the Revenue Commissioners under subsection (3) of this section may, by giving notice in writing to the Revenue Commissioners within twenty-one days after the notification of the decision to him, apply to have the matter referred to the Special Commissioners, whose decision shall be final.