Capital Acquisitions Tax Consolidation Act 2003 section 46A

Expression of doubt

Section 46A provides for an "expression of doubt" facility, allowing an accountable person filing a capital acquisitions tax return to flag uncertainty about the correct tax treatment of any item in the return.

• A person uncertain about the correct application of the law or tax treatment of any matter in a return may express that doubt on the return, and will be treated as having made a full and true disclosure in respect of that matter.
• Where a genuine expression of doubt has been made, no interest applies to any additional liability arising from the matter in doubt, provided the additional tax is paid within 30 days of Revenue's notification of their decision.
• Revenue may reject an expression of doubt where they believe the person was acting with a view to tax evasion or avoidance; if rejected, they must notify the person within 30 days of receiving the return, and the person must account for any additional tax with interest.
• A person aggrieved by Revenue's decision that their expression of doubt is not genuine may appeal to the Appeal Commissioners within 30 days of the date of that decision.