Taxes Consolidation Act 1997 section 817RH

Penalties

Section 817RH sets out the penalties for failure to comply with obligations under the mandatory disclosure regime for reportable cross-border arrangements.

• Three tiers of penalty apply depending on the nature of the obligation breached: up to €4,000 (plus €100/day) for marketable arrangement, privilege notification, reference number, and lookback obligations; up to €500/day for filing and Arrangement ID provision obligations; and up to €5,000 for failing to include the Arrangement ID in an annual return.
• Revenue must apply to the District Court, Circuit Court, or High Court for a determination on whether a person has failed to comply and the amount of penalty to be imposed.
• In setting the penalty amount, the court must have regard to the fees received (or likely received) by an intermediary, or the tax advantage gained (or sought) by a relevant taxpayer, in connection with the arrangement.
• Penalties imposed are recoverable under the general penalty recovery rules in section 1077C, using the same collection mechanisms as tax.