817SPayment notices

(1) In this Chapter—

“assessment” has the meaning given to it in section 960A;

“disclosable transaction” has the meaning given to it in section 817D;

“Revenue officer” means an officer of the Revenue Commissioners;

“specified information” has the meaning given to it in section 817D;

“specific anti-avoidance provision” means a provision specified in Schedule 33;

“tax advantage”—

(a) subject to paragraph (b), has the meaning given to it in section 817D, or

(b) where this Chapter falls to be applied to a tax avoidance transaction, has the meaning given to it in section 811C(1),

and a proposal for a transaction shall be construed accordingly;

“tax avoidance transaction” has the meaning given to it in section 811C(1);

“transaction”—

(a) subject to paragraph (b), has the meaning given to it in section 817D, or

(b) where this Chapter falls to be applied to a tax avoidance transaction, has the meaning given to it in section 811C(1),

and a proposal for a transaction shall be construed accordingly;

“transaction number” has the meaning given to it in section 817D.

(2) This subsection applies where, as a result of a person entering into a transaction that is—

(a) a tax avoidance transaction,

(b) a disclosable transaction, or

(c) a transaction to which a specific anti-avoidance provision applies,

a Revenue officer makes or amends an assessment the effect of which is to deny or withdraw a tax advantage arising out of the transaction.

(3) Where—

(a) subsection (2) applies, and

(b) an assessment referred to in that subsection has been appealed to the Appeal Commissioners,

and—

(i) the Appeal Commissioners have determined the appeal, and

(ii) the Appeal Commissioners have made a determination other than one that the assessment should be reduced by the full amount of the tax advantage,

a Revenue officer may send, or cause to be sent, a notice (in this Chapter referred to as a ‘payment notice’) to the appellant requiring immediate payment of the amount stated in the payment notice.

(4) For the purpose of subsection (3), the amount stated in the payment notice shall be the lower of—

(a) the amount charged by the assessment resulting from the denial or withdrawal of the tax advantage referred to in subsection (2), or

(b) the tax that would be due and payable under an assessment if no notice was given under ^[2]>section 941(2) or 942(1)^<[2][2]>section 949AP^<[2].

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(5) A person to whom a payment notice is sent shall pay the amount stated in a payment notice notwithstanding that that person may be entitled to require that, in relation to a determination referred to in subsection (3)—

(a) an appeal be reheard by a Judge of the Circuit Court, or

(b) the Appeal Commissioners state and sign a case for the opinion of the High Court.

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(5) A person to whom a payment notice is sent shall pay the amount stated in the notice notwithstanding that that person may be entitled to appeal a determination referred to in subsection (3) to the High Court in accordance with section 949AP.

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(6) Where tax stated in a payment notice is paid and the assessment in respect of which the tax was paid subsequently becomes final and conclusive for a lower amount of tax than was paid—

(a) the amount overpaid shall be repaid with interest in accordance with section 865A, section 159B of the Stamp Duties Consolidation Act 1999, section 105 of the Value-Added Tax Consolidation Act 2010 or section 57(6) of the Capital Acquisitions Tax Consolidation Act 2003, as if a valid claim to repayment was made on a day that is 93 days before the date payment was received by the Revenue Commissioners on foot of the payment notice, but no such repayment shall be made until such time as an assessment has become final and conclusive, and

(b) section 865(4), section 159A of the Stamp Duties Consolidation Act 1999, section 99(4) of the Value-Added Tax Consolidation Act 2010 or section 57(3) of the Capital Acquisitions Tax Consolidation Act 2003 shall not apply in relation to any repayment to be made.

(7) Section 960E(2) shall apply as if a payment notice sent by a Revenue officer was a demand made by the Collector-General for tax that is due and payable.