Taxes Consolidation Act 1997 section 644

Provisions supplementary to section 643

Section 644 supplements the land dealing charge under section 643 by providing rules for recovering tax from the person who received the proceeds, withholding tax on payments to non-residents, and coordinating with capital gains tax.

• Where a person is assessed to tax under section 643 in respect of consideration received by another person, the assessed person may recover the tax from that other person, and Revenue may pursue the recipient directly if tax remains unpaid after six months.
• Income arising under section 643 is treated as the highest part of the taxpayer's income, and where the recipient is non-resident, Revenue may direct that income tax be withheld at the standard rate as if the payment were an annual payment.
• The land dealing provisions of section 643 are subject to any other Tax Acts provision that deems income to belong to a particular person, such as the settlements legislation.
• Where land is treated as appropriated to trading stock for the purposes of section 643, the same treatment applies for capital gains tax purposes under section 596, and where another person is charged to tax on a gain under section 643, the person who actually realised the gain is treated as having borne that tax so as to prevent a double charge to capital gains tax.