Paschal Donohoe (Dublin Central, Fine Gael)

I move amendment No. 84:

In page 128, to delete lines 21 to 23 and substitute the following:

“(b) the return, in respect of the chargeable period for which the assessment is amended as referred to in paragraph (a), did not contain a full and true disclosure of all material facts necessary for the making of the assessment,”.

The section of the Bill, as initiated, requires a minor technical amendment. It seeks to clarify where a tax return did not contain a full and true disclosure, the due date for the payment of additional tax due from any subsequent assessment will be the original filing date. An amendment is required as the new subsection (3)(b) inserted into section 959AU of the Taxes Consolidation Act by section 97 currently refers to a full and true disclosure of all material facts on an assessment rather than a return. This is incorrect because it is the return that contains the full and true disclosure of all material facts. An assessment details the tax due based on a return. Therefore, this amendment will ensure that section 959AU(3)(b) refers to a return rather than an assessment.