Directive

Article 273 [Measures to ensure correct collection of VAT]

Article 394 [Simplification measures at 1 January 1977 may be retained]

Value Added Tax Consolidation Act 2010 section 111

Assessment of tax due

Section 111 authorises Revenue to make a formal assessment where VAT has been underpaid or a refund has been overclaimed, and sets out the taxpayer's right of appeal against such an assessment.

  • Revenue may assess the true VAT liability for any period where the amount paid falls short of the amount due, or where refunds have been overclaimed or improperly obtained.
  • The assessment notice must show the gross VAT due, the VAT already paid or refunded, and the net amount now payable.
  • A taxpayer aggrieved by the assessment may appeal to the Appeal Commissioners within 30 days of the notice, but must first file any outstanding returns and pay the VAT shown on those returns.
  • If the taxpayer pays at least 80 per cent of the amount ultimately found due on appeal, and pays the balance within 30 days of the determination, no interest is charged for the appeal period.

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