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Estimate of tax due
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32. Part 41A of the Principal Act is amended, in Chapter 8, by the insertion of the following section after section 959AW:
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“959AX. (1) Where a chargeable person fails to deliver a return in respect of a chargeable period in the prescribed form, on or before the specified return date for the chargeable period, in accordance with section 959I, for income tax or corporation tax, as appropriate, then, without prejudice to any other action which may be taken, a Revenue officer may, subject to subsection (2), at any time estimate the amount of tax payable by the chargeable person in respect of that chargeable period and serve notice in writing on the chargeable person specifying the amount estimated in respect of income tax or corporation tax, as the case may be, for that chargeable period (in this section referred to as ‘the estimated tax’).
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(2) For the purposes of subsection (1), the estimated tax, in respect of the chargeable period concerned, shall be the greater of—
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(a) an amount based on the average amount of tax due that was included on the 2 most recent returns delivered by the chargeable person for income tax or corporation tax, as the case may be, before the service of the notice under subsection (1), or
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(b) €1,000.
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(3) The estimated tax specified in the notice served under subsection (1) shall be recoverable in the same manner and by the like proceedings as if the chargeable person had delivered a return in respect of the chargeable period concerned in the prescribed form, on or before the specified return date for that chargeable period to which the notice relates, in accordance with section 959I, for income tax or corporation tax, as appropriate, showing the estimated tax as due by that person.
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(4) If, within 30 days after the service of a notice under subsection (1), in respect of the chargeable period to which the notice relates, the person—
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(a) delivers a return to the Revenue Commissioners in respect of that chargeable period and pays the tax due, if any, in accordance with the return, together with any interest, penalties and surcharge which may have been incurred in connection with the tax due, or
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(b) notifies the Revenue Commissioners in writing that he or she is not a chargeable person in respect of that chargeable period,
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then, for the purposes of this section, it shall be deemed that no notice was served under subsection (1) and the person may make a claim for repayment in accordance with section 865 of any excess of tax which may have been paid in respect of the chargeable period.”.
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