Section 429 Claims and adjustments

subscription or 30 day access with no obligation

(1) A claim for group relief-

(a) need not be for the full amount available,

(b) shall require the consent of the surrendering company notified to the inspector in such form as the Revenue Commissioners may require, and

(c) shall be made within 2 years from the end of the surrendering company's accounting period to which the claim relates.

How should I make a claim for group relief?

(1) A group relief claim, which need not be for the full amount available, must be made within two years of the end of the surrendering company's accounting period to which the claim relates....

to read the full commentary

(2) A claim for group relief by a company as a member of a consortium shall require the consent of each other member of the consortium, notified to the inspector in such form as the Revenue Commissioners may require, in addition to the consent of the surrendering company.

As a member of a consortium, how do I claim group relief?

(2) A claimant company that is a consortium member must notify the inspector of the consent of the surrendering company, and the consent of each consortium member.

(3) Where the inspector ascertains that any group relief which has been given is or has become excessive, he or she may make an assessment to corporation tax under Case IV of Schedule D in the amount which in his or her opinion ought to be charged.

Can the inspector withdraw my claim for group relief?

(3) The inspector may withdraw group relief that has been wrongly claimed by making an assessment on the company under Schedule D Case IV.

(4) Subsection (3) is without prejudice to the making of an assessment under section 919(5)(b)(iii) and to the making of all such other adjustments by means of discharge or repayment of tax or otherwise as may be required where a claimant company has obtained too much relief, or a surrendering company has foregone relief in respect of a corresponding amount.

How can an inspector recover tax due where group relief was incorrectly claimed?

(4) The inspector may make any other assessments, adjustments or set offs necessary to recover any tax that may be due where group relief was incorrectly claimed (section 919).