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Section 17

Duties of appointed person 

(1) An administrator, personal representative, executor of a will, trustee-in-bankruptcy, receiver, or liquidator (referred to as the “appointed person”) who has been appointed to administer, manage, liquidate, or wind up the affairs of a taxpayer, including a deceased taxpayer, shall notify the Commissioner, in writing, of the appointment within fifteen days of the date of the appointment.

(2) The Commissioner shall notify an appointed person in writing of the amount of tax that is payable or will become payable by the taxpayer whose assets are under the control of the appointed person within two months of the Commissioner receiving a notification under subsection (1).

Finance Act, 2016 Effective 9th June 2016
(3) Subject to subsection (4), an appointed person that person shall
  • (a) not dispose of an asset of the taxpayer whose assets are under the control of the appointed person without prior approval of the Commissioner until the appointed person has been notified under subsection (2) or the two month period specified in subsection (2) has expired without the Commissioner notifying the appointed person of the tax payable; 
  • (b) set aside the amount notified by the Commissioner under subsection (2)out of the proceeds of sale of an asset, or a lesser amount as is subsequently agreed to by the Commissioner; and 
  • (c) be personally liable to the extent of the amount required to be set aside for the tax payable by the taxpayer who owned the asset. 
(4) Subsection (3) shall not prevent an appointed person from paying the following in priority to the amount notified under subsection (2) –
  • (a) a debt that has priority, in law or equity, over the tax referred to in the notice served under subsection (2); or
  • (b) the expenses properly incurred by the appointed person in the capacity as such, including the appointed person’s remuneration.
(5) Where there is more than one appointed person in respect of a taxpayer, the obligations and liabilities under this section shall apply jointly and severally to both appointed persons but may be discharged by any one of them.

Finance Act, 2017 Effective 3rd April 2017
(6) A reference in this section to a tax liability of a taxpayer includes any penalty or late payment interest payable in respect of the liability.

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