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Version status: Amended
Version date: 23 November 2022 - onwards
Version 3 of 3

85. Penalty for deliberately or carelessly making incorrect returns or failing to make certain returns, etc.

This format of the bill is taken from the text of stage 1 published on 18 October 2022 by Dáil Éireann

The Finance Act 2001 is amended by the insertion of the following section after section 99B:

"99C.

(1) In this section -

'carelessly' means failure to take reasonable care;

'liability to tax' means a liability to the amount of the difference specified in subsection (3) or (5), as the case may be, arising from any matter referred to in subsection (2) or (4), as the case may be;

'period' means taxable period, accounting period or other period, as the context requires;

'prompted qualifying disclosure', in relation to a person, means a qualifying disclosure that has been made to the Commissioners or to an officer in the period between -

(a) the date on which a person is notified by an officer of the date on which an inquiry or investigation into any matter occasioning a liability to tax of that person will start, and

(b) the date that the inquiry or investigation starts;

'qualifying disclosure', in relation to a person, means -

(a) in relation to a penalty referred to in subsection (6), a disclosure that the Commissioners are satisfied is a disclosure of -

(i) complete information in relation to, and full particulars of, all matters occasioning a liability to tax that gives rise to a penalty referred to in subsection (6), and