Taxes Consolidation Act 1997 section 960H

Offset between taxes

Section 960H authorises the Collector-General to offset tax repayments and overpayments against a person's outstanding tax liabilities, and to withhold repayments where tax returns have not been filed.

• Where tax is outstanding, the Collector-General may set a repayment or overpayment against the unpaid liability instead of making the repayment; where only returns are outstanding, the repayment may be withheld until the returns are delivered.
• If a person assigns, transfers or sells the right to a repayment or overpayment to another person, the Collector-General may still offset that amount against any tax owed by the person who made the assignment; where the parties are connected persons, any remaining balance may also be offset against tax owed by the assignee.
• The Collector-General must notify the person in writing when a repayment has been offset or withheld, and interest on a withheld repayment ceases to run from the date of that notice.
• Revenue may make regulations governing offset procedures, including the order of priority of liabilities against which repayments are set; such regulations must be laid before Dáil Éireann and may be annulled within 21 sitting days.