Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019

59.

Amendment of section 120 of Act of 2010

59. Section 120 of the Act of 2010 is amended—

(a) in subsection (7)—

(i) by the deletion of “provide for”,

(ii) in paragraph (a), by the insertion of “provide for” before “the repayment”,

(iii) by the insertion of the following paragraphs after paragraph (a):

“(aa) as respects the accounting by an accountable person for tax by the means referred to in section 53A(1)—

(i) specify requirements to be complied with by an accountable person, and

(ii) impose conditions or restrictions that must be satisfied or observed in respect of all steps leading to the accounting for tax by the means so referred to (including conditions or restrictions the purpose of which is to secure that the necessary capacity and capability, on an on-going basis, exists on the part of the accountable person in order for him or her to account for tax by those means),

and regulations under this paragraph may include provision for the furnishing to the Revenue Commissioners of documentation (including with respect to financial transactions entered into by the accountable person with other persons and accounts or facilities held by the accountable person with financial institutions) by the accountable person and provision the inclusion otherwise of which appears to the Revenue Commissioners to be requisite for the protection of the revenue,

(ab) as respects an application by a person for authorisation in accordance with subsection (2) of section 56, specify the particulars to be included in the application form referred to in that subsection by the person making the application, including, without prejudice to the generality of the foregoing—

(i) the following particulars:

(I) confirmation that full and true records are being kept by the person in accordance with section 84;

(II) confirmation that the person is complying with the provisions of—

(A) this Act,

(B) the Tax Acts (within the meaning of section 1 of the Taxes Consolidation Act 1997),

(C) the Capital Gains Tax Acts (within the meaning of section 1 of the Taxes Consolidation Act 1997),

(D) the statutes relating to the duties of excise and to the management of those duties,

(E) the Customs Act 2015, and

(F) any instrument made under any of the enactments referred to in subclauses (A) to (E);

(III) a declaration that the person has not been convicted of any offence under any of the enactments or instruments referred to in clause (II),

and

(ii) the form and manner in which the particulars shall be provided, by the person, in the application form,”,

(iv) in paragraph (b), by the insertion of “provide for” before “the enabling”, and

(v) in paragraph (c), by the insertion of “provide for)” before “the tax”,

and

(b) in subsection (17)(b), by the substitution of “subsection (7)(aa), (b)” for “subsection (7)(b)”.