Taxes Consolidation Act 1997 section 1079

Duties of relevant person in relation to certain Revenue offences

Section 1079 requires auditors and tax advisers who become aware of material tax offences committed by a client company to report the matter to the company and, if necessary, to cease acting for it.

  • An auditor or tax adviser (a "relevant person") who discovers a material tax offence by a client company must notify the company in writing and request that the matter be rectified or reported to Revenue within six months
  • If the company fails to rectify or report the offence within six months, the relevant person must cease to act for the company for up to three years or until the matter is resolved, whichever is earlier
  • An auditor who ceases to act must send a written resignation notice to the company and a copy to the nominated Revenue officer within 14 days
  • A relevant person who fails to comply with these obligations, or who knowingly makes a false report, is guilty of an offence punishable by fines of up to €6,345 and/or up to two years' imprisonment on indictment

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