Taxes Consolidation Act 1997 section 817S

Payment notices

Section 817S allows Revenue to issue a payment notice requiring immediate payment from a taxpayer who engaged in a tax avoidance transaction and who has been unsuccessful before the Appeal Commissioners.

• Where Revenue has denied or withdrawn a tax advantage arising from a tax avoidance transaction, a disclosable transaction, or a transaction caught by a specific anti-avoidance provision, and the Appeal Commissioners have determined the appeal substantially in Revenue's favour, Revenue may issue a payment notice requiring immediate payment.
• The amount stated in the payment notice is the lower of the tax charged in the assessment resulting from the denial of the tax advantage, and the tax that would be due if the Appeal Commissioners' determination became final and conclusive.
• The taxpayer must pay the amount stated in the payment notice immediately, even if they intend to appeal the determination further to the High Court.
• If the assessment is ultimately finalised at a lower amount, Revenue must repay the overpayment with interest calculated as if a valid repayment claim had been made 93 days before the date Revenue received the payment.