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  • TCA1997 | Section 949 Appeals against determinations of certain claims, etc
Change year: 2010

Section 949 Appeals against determinations of certain claims, etc

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(1) Any person aggrieved by any determination by the Revenue Commissioners, or such officer of the Revenue Commissioners (including an inspector) as they may have authorised in that behalf, on any claim, matter or question referred to in section 864 may, subject to section 957 and on giving notice in writing to the Revenue Commissioners or the officer within 30 days after notification to the person aggrieved of the determination, appeal to the Appeal Commissioners.

What can I do if I am aggrieved by a Revenue determination regarding claims not covered by the right of appeal?

(1) If you are aggrieved by any determination of the Revenue Commissioners (or of an inspector or other Revenue officer) in relation to a claim for a deduction, allowance or exemption, repayment of tax, or relief of any kind for which no right of app...

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(2) The Appeal Commissioners shall hear and determine an appeal to them under subsection (1) as if it were an appeal against an assessment to income tax and the provisions of section 933 with respect to such appeals, together with the provisions of the Tax Acts relating to the rehearing of an appeal and to the statement of a case for the opinion of the High Court on a point of law, shall apply accordingly with any necessary modifications.

How must the Appeal Commissioners hear and determine an appeal against a determination of certain claims?

(2) The Appeal Commissioners must hear and determine such an appeal in the same manner as an appeal against an income tax assessment (section 933). You have a right, where necessary, to have your case reheard by a Circuit Court Judge. You also have a...

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(3) Where―

(a) a right of appeal to the Appeal Commissioners is given by any provision of the Tax Acts or the Capital Gains Tax Acts other than section 1037, and

(b) such provision, while applying the provisions of the Tax Acts relating to appeals against assessments, does not apply the provisions of those Acts relating to the rehearing of appeals,

such provision shall be deemed to apply those provisions relating to the rehearing of appeals.

What further rights are deemed to be included in provisions that grant a right of appeal?

(3) Provisions that grant a right of appeal, without mentioning a right to have the matter reheard by a Circuit Court Judge, are deemed to contain such a right.

(4) In a case in which―

(a) a notice of appeal is not given within the time limited by subsection (1), or

(b) a person who has given notice of appeal does not attend before the Appeal Commissioners at the time and place appointed for the hearing of the person's appeal,

subsections (5) and (7) to (9) of section 933 shall apply with any necessary modifications.

What if I make a late appeal or fail to appear at the appeal hearing?

(4) The income tax provisions that apply to late appeals (section 933(7)) and in the case of persons who fail to appear at the appeal hearing (section 933(6), (8) and section 933(5), (9)) also apply to appeals under this section....

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