Taxes Consolidation Act 1997 section 1037

Charge on percentage of turnover

Section 1037 allows Revenue to assess a non-resident person on a percentage of turnover where the true profits from business conducted through an Irish resident cannot be readily ascertained.

  • Where a non-resident trades through or with an Irish resident and true profits cannot be readily determined, the inspector may assess the non-resident on a percentage of turnover instead.
  • The resident person must file returns of the business done by the non-resident, in the same way as returns are required from persons acting on behalf of incapacitated or non-resident persons.
  • The inspector determines the percentage, having regard to the nature of the business, and this determination may be appealed to the Appeal Commissioners.
  • Either the resident or the non-resident person may appeal the assessment to the Appeal Commissioners within 30 days of the notice of assessment.

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