Finance Act 2012
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Security for certain taxes. |
126.— (1) The Principal Act is amended by inserting the following after section 960R (inserted by section 125 ): | |
“960S.— (1) In this section— | ||
‘business’ means a business that was or is carried on by a company or partnership and includes a business that was or is carried on by an individual; | ||
‘connected person’ means a person connected with another person within the meaning of section 10; | ||
‘management of the business’ includes acting in a capacity such that the person was or is able, directly or indirectly, to control the management of that business either as a connected person or otherwise; | ||
‘tax’ means— | ||
(a) income tax deductible in accordance with Chapter 4 of Part 42 and any regulations made under that Chapter, | ||
(b) tax deductible in accordance with Chapter 2 of Part 18 and any regulations made under that Chapter, | ||
(c) universal social charge chargeable in accordance with Part 18D, or | ||
(d) value-added tax chargeable in accordance with the Value-Added Tax Acts. | ||
(2) The Collector-General may require a person carrying on a business to give security, or further security, of such amount and in such form as the Collector-General considers appropriate for the payment of tax that is, or may become, due from that person— | ||
(a) where the person, in relation to a business that has ceased to trade, was involved in the management of the business and tax arose while the business was trading which has not been paid in full, or | ||
(b) in relation to the current business, where tax due to be paid by that person has not been paid within 30 days of the due date for payment of the tax. | ||
(3) Where a requirement under subsection (2) arises, the Collector-General shall cause a notice in writing to that effect to be served on the person. | ||
(4) Where a person is served with a notice in accordance with subsection (3), it shall be an offence for that person to engage in business until such security, or further security, is provided to the Collector-General. | ||
(5) Where a notice is served on a person in accordance with subsection (3), the person may, on giving notice to the Revenue Commissioners within the period of 30 days from the date of the service of the notice, appeal the requirement of giving any security under subsection (2) to the Appeal Commissioners. | ||
(6) Where a person gives a notice of appeal in accordance with subsection (5), subsection (4) shall not apply until the Appeal Commissioners determine the matter.”. | ||
(2) Section 1078(2) of the Principal Act is amended by inserting the following after paragraph (f): | ||
“(fa) fails to comply with the requirement in section 960S(4),”. |