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Change year: 2010

Section 45 Accountable persons

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Amendments

Section 45 substituted by Finance Act 2010 section 147(1)(b) from 3 April 2010.

(1) The person accountable for the payment of tax is—

(a) the donee or successor, and

(b) in the case referred to in section 32(2), the transferee referred to in that subsection, to the extent referred to in that subsection.

Who is primarily accountable for CAT?

(1) The following persons are primarily accountable for payment of tax:...

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(2) The tax shall be recoverable from the person referred to in subsection (1) and the personal representative of such person, where that person has died, on whom the Commissioners have served notice in writing of the assessment of tax in accordance with section 49(4).

Who is secondarily accountable for CAT?

(2) The following persons are secondarily accountable for payment of tax:...

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(3) The person referred to in subsection (1) and the personal representative of such person shall, for the purposes of paying the tax, or raising the amount of the tax when already paid, have power, whether the property is or is not vested in that person, to raise the amount of such tax and any expenses properly paid or incurred by that person in respect of raising the amount of such tax, by the sale or mortgage of, or a terminable charge on, that property or any part of that property.

If I am secondarily accountable, what is the extent of my liability?

(3) Your tax liability as a person secondarily accountable for tax (apart from a disponer of a gift) may not exceed:...

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(4) Every public officer having in such person’s custody—

(a) any rolls, books, records, papers, documents or proceedings, or

(b) any other data maintained in electronic, photographic or other process,

the inspection of which may tend to secure the tax, or to prove or lead to the discovery of any fraud or omission in relation to the tax, shall at all reasonable times permit any person authorised by the Commissioners to inspect those rolls, books, records, papers, documents or proceedings or that other data so maintained, and to copy by any means, take notes and extracts as that person may deem necessary.

Are public officers obliged to grant Revenue access to records?

(4) Every public officer who keeps documents in paper or electronic form must allow a Revenue officer access at all reasonable times to inspect such records.

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