Section 22 Estimation of tax due for a taxable period
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(1) If within the time prescribed by section 19(3) [an accountable person]1 fails to furnish in accordance with the relevant regulations a return of the tax payable by him in respect of any [period]2, then, without prejudice to any other action which may be taken, the Revenue Commissioners may, in accordance with regulations, but subject to section 30, estimate the amount of tax payable by him in respect of that [period]2 and serve notice on him of the amount estimated.
[Provided that where the Revenue Commissioners are satisfied that-
(a) the amount so estimated is excessive, they may amend the amount so estimated by reducing it, or
(b) the amount so estimated is insufficient, they may amend the amount so estimated by increasing it,
then, in either case, they shall serve notice on the person concerned of the revised amount estimated and such notice shall supercede any previous notice issued under this subsection.]3
Amendments
1 Substituted by Value-Added Tax (Amendment) Act 1978 section 30(2) and Schedule 2 from 1 March 1979.
2 Substituted by Finance Act 2000 section 117 as on and from 23 March 2000. This allows Revenue to make single estimates on persons who do not submit an annual VAT return by the due date.
3 Subs (1)(proviso) substituted by Finance Act 2003 section 126 from 28 March 2003.
(2) Where a notice is served under subsection (1) on a person, the following provisions shall apply:
(a) the person may, if he claims that he is not [an accountable person]1, by giving notice in writing to the Revenue Commissioners within the period of [fourteen]2 days from the date of the service of the notice, require the claim to be referred for decision to the Appeal Commissioners and their decision shall, subject to section 25, be final and conclusive,
(b) on the expiration of the said period, if no such claim is required to be so referred, or if such a claim is required to be so referred, on final determination against the claim, the estimated tax specified in the notice shall be recoverable in the same manner and by the like proceedings as if the person had furnished, within the prescribed period, a true and correct return, in accordance with regulations, for the [period]3 to which the estimate relates, showing as due by him such estimated tax,
(c) if at any time after the service of the notice the person furnishes a return, in accordance with regulations, in respect of the [period]3 specified in the notice and pays tax in accordance with the return, together with any interest and costs which may have been incurred in connection with the default, the notice shall ...4 stand discharged and any excess of tax which may have been paid shall be repaid,
...5
Amendments
1 Substituted by Finance Act 2008 section 109 and Schedule 4 from 1 July 2008.
2 Substituted by Finance Act 2001 section 196 from 30 March 2001.
3 Substituted by Finance Act 2000 section 117 as on and from 23 March 2000.
4 Deleted by Finance (No. 2) Act 2008 section 97 and Schedule 4 para 2 as respects any tax that becomes due and payable on or after 1 March 2009.
5 Subsection (2)(d) repealed by Finance (No. 2) Act 2008 section 97 and Schedule 4 para 2 as respects any tax that becomes due and payable on or after 1 March 2009.
For "section 485 of the Income Tax Act, 1967" read "section 962 of the Taxes Consolidation Act, 1997".
(3) A notice given by the Revenue Commissioners under subsection (1) may extend to two or more taxable periods.
