Finance (Local Property Tax) Act 2012

35.

Obligation on liable person to prepare and deliver a return.

35.— (1) Every liable person shall prepare and deliver to the Revenue Commissioners, on or before the return date, a return in such form as the Revenue Commissioners may specify notwithstanding that the person has not been required to do so under section 33.

F73[(2) Notwithstanding subsection (1), a liable person shall not be obliged to prepare and deliver a return in respect of a relevant residential property in relation to a liability date falling in a valuation period subsequent to the first liability date in the valuation period (in this section referred to as a "subsequent liability date") where

(a) the liable person, or another liable person, has prepared and delivered a return containing a self-assessment in relation to the first liability date in the valuation period in respect of the relevant residential property, and

(b) the amount of the local property tax contained in the self-assessment in the return referred to in paragraph (a) has been or is being paid in relation to the subsequent liability dates in accordance with

(i) the method of payment specified in that return, or

(ii) a different method of payment to that referred to in subparagraph (i), which method of payment has been agreed with the Revenue Commissioners.]

F73[(3) Subject to subsections (6) and (7) and section 55, where subsection (2) applies

(a) the amount of local property tax referred to in subsection (2)(b) shall be due and payable in relation to the subsequent liability dates concerned, and

(b) the method of payment specified in the return referred to in subsection (2)(b)(i) shall apply in relation to each of the subsequent liability dates concerned, unless a different method of payment has been agreed with the Revenue Commissioners.]

F73[(4) For the purposes of subsection (2), where a building becomes a residential property in the period between two consecutive valuation dates, references to the first liability date in a valuation period shall be read as the first liability date falling after the building becomes a residential property.]

(5) Notwithstanding subsection (2), a liable person who has acquired a relevant residential property from a person referred to in section 8(1)(b) who acquired the property before 1 May 2013 shall be obliged to prepare and deliver a return in respect of any liability date occurring after the acquisition and before F1[1 November 2021].

F74[(5A) Notwithstanding subsection (2) and section 14(1), the person who is the liable person following the change referred to in section 14(1) shall prepare and deliver a return in relation to the first liability date following that change falling before the next valuation date where

(a) that person has received information or documentation in accordance with section 14(1A) (inserted by the Finance (Local Property Tax) (Amendment) Act 2013), and

(b) it appears to that person that the chargeable value in respect of the first valuation date (as referred to in section 14(1)) and the relevant residential property is not a chargeable value that could reasonably have been arrived at.]

F75[(5B) Notwithstanding subsection (2), where section 14(1B) applies, the person who is the liable person following a change referred to in that section shall prepare and deliver a return in relation to the first liability date following the change.]

F76[(6) Where a liable person is eligible for and claims a deferral under section 131

(a) subsection (2) shall apply subject to the modification that the reference in paragraph (b) of that subsection to ‘the amount of the local property tax contained in the self-assessment in the return referred to in paragraph (a)’ shall be construed as a reference to that amount less the amount in respect of which a deferral has been claimed, and

(b) subsection (3)(a) shall apply such that the reference therein to "the amount of local property tax referred to in subsection (2)(b)" shall be construed as a reference to the amount of the local property tax contained in the self-assessment in the return referred to in subsection (2)(a).]

F77[(7) Where section 4, 5, 7, 7A, 10A, 10B, 10C or 10D applies to a relevant residential property on a liability date

(a) subsection (2) shall apply in respect of the relevant residential property in relation to the liability date, subject to the following modifications:

(i) the following paragraph shall be substituted for paragraph (a):

"(a) the liable person, or another liable person, has prepared and delivered a return specifying the chargeable value, established by reference to the valuation date for the valuation period, in respect of the relevant residential property, and";

(ii) paragraph (b) shall not apply,

and

(b) subsection (3) shall not apply in respect of the relevant residential property in relation to the liability date.]

Annotations

Amendments:

F73

Substituted (22.07.2021) by Finance (Local Property Tax) (Amendment) Act 2021 (31/2021), s. 29(a)-(c), commenced on enactment. This amendment applies only in respect of the year 2022 and each subsequent year as provided by 31/2021, s. 3(e).

F74

Inserted (13.03.2013) by Finance (Local Property Tax)(Amendment) Act 2013 (4/2013), s. 8(c), (d), commenced on enactment.

F75

Inserted (22.07.2021) by Finance (Local Property Tax) (Amendment) Act 2021 (31/2021), s. 29(e), commenced on enactment. This amendment applies only in respect of the year 2022 and each subsequent year as provided by 31/2021, s. 3(e).

F76

Substituted (22.07.2021) by Finance (Local Property Tax) (Amendment) Act 2021 (31/2021), s. 29(f), commenced on enactment. This amendment applies only in respect of the year 2022 and each subsequent year as provided by 31/2021, s. 3(e).

F77

Inserted (22.07.2021) by Finance (Local Property Tax) (Amendment) Act 2021 (31/2021), s. 29(g), commenced on enactment. This amendment applies only in respect of the year 2022 and each subsequent year as provided by 31/2021, s. 3(e).

Editorial Notes:

E21

Previous affecting provisions: subs. (2) amended (13.03.2013) by Finance (Local Property Tax)(Amendment) Act 2013 (4/2013), s. 8(a), commenced on enactment, and (20.12.2015) by Finance (Local Property Tax) (Amendment) Act 2015 (50/2015), s. 10(a), commenced on enactment; subsection substituted as per F-note above.

E22

Previous affecting provisions: subs. (4) amended (13.03.2013) by Finance (Local Property Tax)(Amendment) Act 2013 (4/2013), s. 8(b), (c), commenced on enactment, and (20.12.2015) by Finance (Local Property Tax) (Amendment) Act 2015 (50/2015), s. 10(a), commenced on enactment; subsection substituted as per F-note above.

E23

Previous affecting provision: subs. (5) amended (20.12.2015) by Finance (Local Property Tax) (Amendment) Act 2015 (50/2015), s. 10(b), commenced on enactment; amendment substituted as per F-note above.