Tuesday, 15 December 2009

Ceisteanna (123)

Michael McGrath

Ceist:

135 Deputy Michael McGrath asked the Minister for Finance the exceptions to the time limit within which PAYE taxpayers can claim a tax refund for previous tax years; and if he will make a statement on the matter. [47021/09]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Minister for Finance)

I am informed by the Revenue Commissioners that the time limits for claiming repayments of tax are contained in section 865 Taxes Consolidation Act (TCA) 1997. Under section 865 a claim for repayment of tax must be made within four years after the end of the tax year to which the claim refers. I am further informed by the Revenue Commissioners that there are situations covered in tax law where, notwithstanding that the claim for repayment is bound by the four year time limit or other such time limit, the repayment itself may be for periods in excess of four years.

Firstly, section 480A of the Taxes Consolidation Act (TCA) 1997 provides a relief from income tax in respect of certain earnings of sportspersons. The claim must be made within four years of end of the tax year in which the individual ceased permanently to be a sportsperson but such claim may refer to any ten tax years starting with the 1990-91 tax year.

Secondly, section 489 Taxes Consolidation Act 1997 provides relief from income tax under the Seed Capital Scheme. The tax deduction must, in general, be claimed within two years from the end of the tax year in which the shares are issued and the deduction may be claimed for the tax year in which the investment was made or for any or all of six tax years prior to that tax year.

Thirdly, sections 774(7)(b)(ii) Taxes Consolidation Act 1997 and 776 (2A) Taxes Consolidation Act 1997 provide for relief for pension contributions that are not ordinary annual contributions (i.e. they are special contributions) to be allowed in certain circumstances over such a period of years as the Revenue Commissioner may think proper. Whilst the claim must be made within four years of the end of the tax year in which the pension contribution is made, the tax relief can be given for such tax years as the Revenue Commissioner may think proper.