Direct Tax Acts, Finance Act 2018

882 Particulars to be supplied by new companies
FA99 s83; FA00 s78; FA14 s43(1)(b); FA17 s82 and Sch2(1)(av)

[(1) (a) In this section-

secretary” includes persons mentioned in section 1044(2) and, in the case of a company not resident in the State, the agent, manager, factor or other representative of the company;

settlor” and “settlement” have the same meanings as in section 10;

tax”, in relation to a territory other than the State, means any tax imposed in that territory which corresponds to income tax or corporation tax;

ultimate beneficial owners”, in relation to a company, means-

(i) the individual or individuals who have control of the company, or

(ii) where a person, whether alone or together with other persons, who controls the company controls it in the capacity as the trustee of a settlement, any person who in relation to the settlement-

(I) is a settlor, or

(II) is, or can under any scheme or arrangement reasonably expect to become, a beneficiary under the settlement, or

(III) where such settlor or beneficiary, as the case may be, is a company, the ultimate beneficial owners of that company.

(b) For the purposes of this section, control shall be construed in accordance with section 432.

(2) Every company which is incorporated in the State or which commences to carry on a trade, profession or business in the State shall, in every case within 30 days of –

(a) the date on which it commences to carry on a trade, profession or business, wherever carried on,

(b) the date at which there is a material change in information previously delivered by the company under this section, and

(c) the giving of a notice to the company by an inspector requiring a statement under this section,

deliver to the Revenue Commissioners a statement in writing containing particulars of-

(i) in the case of every company-

(I) the name of the company,

(II) the address of the company’s registered office,

(III) the address of its principal place of business,

(IV) the name and address of the secretary of the company,

(V) the date of commencement of the trade, profession or business,

(VI) the nature of the trade, profession or business,

(VII) the date up to which accounts relating to such trade, profession or business will be made up, and

(VIII) such other information as the Revenue Commissioners consider necessary for the purposes of the Tax Acts;

(ii) in the case of a company which is incorporated, but not resident, in the State–

(I) the name of the territory in which the company is, by virtue of the law of that territory, resident for tax purposes,

[…]2

(iii) in the case of a company which is neither incorporated in the State nor resident in the State but which carries on a trade, profession or business in the State-

(I) the address of the company’s principal place of business in the State,

(II) the name and address of the agent, manager, factor or other representative of the company, and

(III) the date of commencement of the company’s trade, profession or business in the State.

[(3) Where a company fails to deliver a statement which it is required to deliver under this section, then, notwithstanding any obligations as to secrecy or other restriction upon disclosure of information imposed by or under any statute or otherwise-

(a) the Revenue Commissioners, or

(b) such officer of the Revenue Commissioners as is nominated by the Commissioners for the purposes of this section,

may give a notice in writing, or in such other form as the Revenue Commissioners may decide, to the registrar of companies (within the meaning of the [Companies Act 2014]3) stating that the company has so failed to deliver a statement under this section.]4]1

Go to Revenue Guidance Notes on TCA

Amendments

1 Section substituted in its entirety by FA99 s83, to apply

(a) in the case of companies which are incorporated on or after 11 February 1999, as on and from that day, and

(b) in the case of companies which were incorporated before the 11 February 1999, as on and from 1 October 1999.

2 Deleted by FA14 s43(1)(b). Its commencement is outlined in FA14 s43(2), which cannot be consolidated, and reads

(a) Subject to paragraph (b), this section shall have effect from 1 January 2015.

(b) As respects a company incorporated before 1 January 2015, this section shall have effect—

(i) after 31 December 2020, or

(ii) from the date, after 31 December 2014, of a change in ownership of the company where there is a major change in the nature or conduct of the business of the company within the relevant period,

whichever is the earlier.

(c) In paragraph (b) “relevant period” means a period—

(i) beginning on the later of—

(I) 1 January 2015, or

(II) the date which occurs one year before the date of the change in ownership of the company referred to in that paragraph,

 and

(ii) ending 5 years after the date of that change of ownership.

(d) For the purposes of the references in paragraphs (b) and (c) to a change in ownership of a company, Schedule 9 (other than paragraph 4 of that Schedule) to the TCA shall apply as if references in that Schedule to section 401 or 679(4) of the TCA were references to the said paragraphs (b) and (c).

(e) For the purposes of paragraph (b), “a major change in the nature or conduct of the business of the company” means—

(i) a major change in the nature or conduct of a trade (within the meaning of section 401(1)(a) or (b) of the TCA) carried on by the company,

(ii) the commencement by the company of a new trade, or

(iii) a major change arising from the acquisition by the company of property or of an interest in, or right over, property.

3 Substituted by FA17 s82 and Sch2(1)(av) and deemed to have come into operation on 1 June 2015

4 Substituted by FA00 s78

Revenue Guidance

Company Residence – TB37, October 1999, p5

Corporation Tax Statement of Particulars - Section 882 TCA 1997 – eBrief No. 122/17

Corporation Tax Statement of Particulars - Section 882 TCA 1997 – eBrief No. 183/18

Particulars to be supplied by companies which are new or where there is a material change in information previously provided – eBrief No. 148/18

Sections referred to in text

section 10 [Connected persons]

section 432 [Meaning of “associated company” and “control”]

section 1044 [Bodies of persons]

Cross references

1073 Penalties for failure to furnish particulars required to be supplied by new companies