Taxes Consolidation Act 1997 section 789

Supplementary provisions (Chapter 3)

Section 789 sets out procedural and administrative provisions for the purchased life annuity regime, including the determination of questions by the inspector, regulation-making powers, and penalties for false claims.

  • Questions on whether an annuity qualifies under section 788, or on the amount of its capital element, are determined by the inspector, with a right of appeal to the Appeal Commissioners within 30 days.
  • The Revenue Commissioners may make regulations prescribing procedure and applying Income Tax Acts provisions (with or without modifications) for the purposes of the Chapter.
  • Regulations may cover matters including time limits for claims, information requirements, the manner of giving effect to decisions, and the circumstances in which a decision is binding or may be reviewed.
  • A penalty of €3,000 applies to any person who makes a false statement or false representation for the purpose of obtaining relief from or repayment of tax under the Chapter.

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