Taxes Consolidation Act 1997 section 865B

No offset where repayment prohibited

Section 865B prevents an out-of-time repayment of tax from being offset against other tax liabilities and confirms that there is no general right of offset outside of the tax legislation.

• Where a repayment of tax cannot be made because the claim is lodged outside the relevant time limit, the repayment cannot be set against any other tax liability of the person.
• This rule applies across all direct taxes, related charges and levies, stamp duty, gift and inheritance tax, excise duties, VAT and local property tax, regardless of when the tax was paid.
• An exception allows an out-of-time repayment to be offset against a Revenue assessment or recovery action for the same period, provided that action is taken four years or more after the end of the period and the offset does not exceed the amount assessed.
• No tax may be set against any other amount of tax except as provided for under the Acts.