Income Tax Act, 1967.

Recovery of tax from trustee and payment to trustee of excess tax recoupment.

446.—(1) Where, by virtue of this Chapter, any income tax or sur-tax becomes chargeable on and is paid by a settlor, such settlor shall be entitled to recover from any trustee or other person to whom the income is payable by virtue or in consequence of the settlement the amount of the tax so paid, and for that purpose to require the Revenue Commissioners to furnish to him a certificate specifying the amount of the income in respect of which he has so paid tax and the amount of the tax so paid, and every certificate so furnished shall be conclusive evidence of the matters of fact stated therein.

(2) Where a person obtains, in respect of any allowance or relief, a repayment of income tax in excess of the amount of the repayment to which he would, but for this Chapter, have been entitled, an amount equal to the excess shall be paid by him to the trustee or other person to whom the income is payable by virtue or in consequence of the settlement and, where there are two or more such trustees or other persons, in such proportions as the circumstances may require.

If any question arises as to the amount of any payment or as to any apportionment to be made under this subsection, such question shall be decided by the Special Commissioners, whose decision thereon shall be final.

(3) Any income which by virtue of this Chapter is treated as income of any person shall be deemed to be the highest part of his income.

(4) No repayment shall be made under section 154 on account of tax paid in respect of any income which has by virtue of this Chapter been treated as income of a settlor.