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  • TCA1997 | Section 1077 [Penalties for failure to make returns, etc. and for deliberately or carelessly making incorrect returns]
Change year: 2010

Section 1077 [Penalties for failure to make returns, etc. and for deliberately or carelessly making incorrect returns]

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Amendments

Section 1077 and heading substituted by Finance (No. 2) Act 2008 section 98 and Schedule 5 Part 2 para 2(aq) from 24 December 2008.

(1) Without prejudice to the generality of section 913(1), Chapter 1 and Chapter 3B of this Part shall, subject to any necessary modifications, apply in relation to capital gains tax, and sections 1052, 1053, 1054 and 1077E, as applied by this section, shall for the purposes of the Capital Gains Tax Acts be construed as if in Schedule 29 there were included—

(a) in column 1, references to sections 914 to 917,

(b) in column 2, a reference to section 945, and

(c) in column 3, a reference to section 980.

What penalty provisions apply in relation to capital gains tax?

(1) The income tax provisions relating to filing and inspection of statements, returns, documents, information or records apply for capital gains tax (section 913(1))....

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(2) Where any person has been required by notice or precept given under the provisions of the Income Tax Acts as applied by section 913, or under section 914, 915, 916, 917 or 980, to do any act of a kind mentioned in any of those provisions or sections, and the person fails to comply with the notice or precept, or where any person deliberately or carelessly makes, delivers, furnishes or produces any incorrect return, statement, declaration, list, account, particulars or other document (or makes any false statement or false representation) under any of those provisions or sections, Chapter 1 and Chapter 3B of this Part shall apply to the person for the purposes of capital gains tax as it applies in the case of a like failure or act for the purposes of income tax.

What penalties provisions apply for failure to file, or for filing an incorrect, capital gains tax return?

(2) If you fail to file a return (or file a return that is fraudulent, negligent, deliberately incorrect or careless), in relation to, any of the following provisions as applied for capital gains tax, the appropriate income tax penalty applies to the...

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