Taxes Consolidation Act, 1997 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.
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- s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1997 Taxes Consolidation Act, 1997 Taxes Consolidation Act, 1997 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 39 of 1997 TAXES CONSOLIDATION ACT, 1997 ARRANGEMENT OF PARTS, CHAPTERS AND SCHEDULES INTERPRETATION AND BASIC CHARGING PROVISIONS PART 1 Interpretation PART 2 The Charge to tax CHAPTER 1 Income tax CHAPTER 2 Corporation tax CHAPTER 3 Capital gains tax INCOME TAX AND CORPORATION TAX: THE MAIN PROVISIONS PART 3 Provisions Relating to the Schedule C Charge and Government and Other Public Securities CHAPTER 1 Principal provisions relating to the Schedule C charge CHAPTER 2 Government and other public securities: interest payable without deduction of tax CHAPTER 3 Government and other public securities: exemptions from tax CHAPTER 4 Miscellaneous provisions PART 4 Principal Provisions Relating to the Schedule D Charge CHAPTER 1 Supplementary charging provisions CHAPTER 2 Foreign dividends CHAPTER 3 Income tax: basis of assessment under Cases I and II CHAPTER 4 Income tax: basis of assessment under Cases III, IV and CHAPTER 5 Computational provisions: corporation tax CHAPTER 6 Computational provisions: general CHAPTER 7 Special measures on discontinuance of, and change of sis of computation of profits or gains of, a trade or profession CHAPTER 8 Taxation of rents and certain other payments CHAPTER 9 Miscellaneous provisions PART 5 Principal Provisions Relating to the Schedule E Charge CHAPTER 1 Basis of assessment, persons chargeable and extent of charge CHAPTER 2 Computational provisions CHAPTER 3 Expenses allowances and provisions relating to the general benefits in kind charge CHAPTER 4 Other benefit in kind charges CHAPTER 5 Miscellaneous charging provisions PART 6 Company Distributions, Tax Credits, Franked Investment Income and Advance Corporation Tax CHAPTER 1 Taxation of company distributions CHAPTER 2 Meaning of distribution CHAPTER 3 Distributions and tax credits— general CHAPTER 4 Distributions out of certain exempt profits or gains or out of certain relieved income CHAPTER 5 Distributions out of certain income of manufacturing companies CHAPTER 6 Distributions— supplemental CHAPTER 7 Franked investment income CHAPTER 8 Advance corporation tax CHAPTER 9 Taxation of acquisition by a company of its own shares PART 7 Income Tax and Corporation Tax Exemptions CHAPTER 1 Income tax CHAPTER 2 Corporation tax CHAPTER 3 Income tax and corporation tax PART 8 Annual Payments, Charges and Interest CHAPTER 1 Annual payments CHAPTER 2 Charges on income for corporation tax purposes CHAPTER 3 Principal provisions relating to the payment of interest CHAPTER 4 Interest payments by certain deposit takers PART 9 Principal Provisions Relating to Relief for Capital Expenditure CHAPTER 1 Industrial buildings or structures: industrial building allowances, writing-down allowances, balancing allowances and balancing charges CHAPTER 2 Machinery or plant: initial allowances, wear and tear allowances, balancing allowances and balancing charges CHAPTER 3 Dredging: initial allowances and annual allowances CHAPTER 4 Miscellaneous and general PART 10 Income Tax and Corporation Tax: Reliefs for Renewal and Improvement of Certain Urban Areas, Certain Resort Areas and Certain Islands CHAPTER 1 Custom House Docks Area CHAPTER 2 Temple Bar Area CHAPTER 3 Designated areas, designated streets, enterprise areas and multi-storey car parks in certain urban areas CHAPTER 4 Qualifying resort areas CHAPTER 5 Designated islands CHAPTER 6 Dublin Docklands Area PART 11 Capital Allowances and Expenses for Certain Road Vehicles PART 12 Principal Provisions Relating to Loss Relief, Treatment of Certain Losses and Capital Allowances, and Group Relief CHAPTER 1 Income tax: loss relief CHAPTER 2 Income tax: loss relief— treatment of capital allowances CHAPTER 3 Corporation tax: loss relief CHAPTER 4 Income tax and corporation tax: treatment of certain losses and certain capital allowances CHAPTER 5 Group relief PART 13 Close Companies CHAPTER 1 Interpretation and general CHAPTER 2 Additional matters to be treated as distributions, charges to tax in respect of certain loans and surcharges on certain undistributed income PART 14 Taxation of Companies Engaged in Manufacturing Trades, Certain Trading Operations Carried on in Shannon Airport and Certain Trading Operations Carried on in the Custom House Docks Area CHAPTER 1 Interpretation and general CHAPTER 2 Principal provisions PART 15 Personal Allowances and Reliefs and Certain Other Income Tax and Corporation Tax Reliefs CHAPTER 1 Personal allowances and reliefs CHAPTER 2 Income tax and corporation tax: reliefs applicable to both CHAPTER 3 Corporation tax reliefs PART 16 Income Tax Relief for Investment in Corporate Trades— Business Expansion Scheme and Seed Capital Scheme PART 17 Profit Sharing Schemes and Employee Share Ownership Trusts CHAPTER 1 Profit sharing schemes CHAPTER 2 Employee share ownership trusts PART 18 Payments in Respect of Professional Services By Certain Persons and Payments to Subcontractors in Certain Industries CHAPTER 1 Payments in respect of professional services by certain persons CHAPTER 2 Payments to subcontractors in certain industries TAXATION OF CHARGEABLE GAINS PART 19 Principal Provisions Relating to Taxation of Chargeable Gains CHAPTER 1 Assets and acquisitions and disposals of assets CHAPTER 2 Computation of chargeable gains and allowable losses CHAPTER 3 Assets held in a fiduciary or representative capacity inheritances and settlements CHAPTER 4 Shares and securities CHAPTER 5 Life assurance and deferred annuities CHAPTER 6 Transfer of business assets CHAPTER 7 Other reliefs and exemptions PART 20 Companies' Chargeable Gains CHAPTER 1 General CHAPTER 2 Provisions where companies cease to be resident in the State PART 21 Mergers, Divisions, Transfers Of Assets and Exchanges Of Shares Concerning Companies Of Different Member States TRANSACTIONS IN LAND PART 22 Provisions Relating to Dealing in or Developing Land and Disposals of Development Land CHAPTER 1 Income tax and corporation tax: profits or gains from dealing in or developing land CHAPTER 2 Capital gains tax: disposals of development land OTHER SPECIAL PROVISIONS PART 23 Farming and Market Gardening CHAPTER 1 Interpretation and general CHAPTER 2 Farming: relief for increase in stock values PART 24 Taxation of Profits of Certain Mines and Petroleum Taxation CHAPTER 1 Taxation of profits of certain mines CHAPTER 2 Petroleum taxation PART 25 Industrial and Provident Societies, Building Societies, and Trustee Savings Banks CHAPTER 1 Industrial and provident societies CHAPTER 2 Building societies CHAPTER 3 Trustee savings banks PART 26 Life Assurance Companies CHAPTER 1 General provisions CHAPTER 2 Special investment policies CHAPTER 3 Provisions applying to overseas life assurance companies PART 27 Unit Trusts and Offshore Funds CHAPTER 1 Unit trusts CHAPTER 2 Offshore funds PART 28 Purchase and Sale of Securities CHAPTER 1 Purchase and sale of securities CHAPTER 2 Purchases of shares by financial concerns and persons exempted from tax, and restriction on relief for losses by repayment of tax in case of dividends paid out of accumulated profits PART 29 Patents, Scientific and Certain Other Research, Know-How and Certain Training CHAPTER 1 Patents CHAPTER 2 Scientific and certain other research CHAPTER 3 Know-how and certain training PART 30 Occupational Pension Schemes, Retirement Annuities, Purchased Life Annuities and Certain Pensions CHAPTER 1 Occupational pension schemes CHAPTER 2 Retirement annuities CHAPTER 3 Purchased life annuities CHAPTER 4 Miscellaneous PART 31 Taxation of Settlors, Etc., In Respect of Settled or Transferred Income CHAPTER 1 Revocable dispositions for short periods and certain dispositions in favour of children CHAPTER 2 Settlements on children generally PART 32 Estates of Deceased Persons in Course of Administration and Surcharge on Certain Income of Trustees CHAPTER 1 Estates of deceased persons in course of administration CHAPTER 2 Surcharge on certain income of trustees PART 33 Anti-Avoidance CHAPTER 1 Transfer of assets abroad CHAPTER 2 Miscellaneous PART 34 Provisions Relating to the Residence of Individuals PART 35 Double Taxation Relief CHAPTER 1 Principal reliefs CHAPTER 2 Miscellaneous PART 36 Miscellaneous Special Provisions MANAGEMENT PROVISIONS PART 37 Administration PART 38 Returns of Income and Gains, Other Obligations and Returns, and Revenue Powers CHAPTER 1 Income tax: returns of income CHAPTER 2 Corporation tax: returns of profits CHAPTER 3 Other obligations and returns CHAPTER 4 Revenue powers CHAPTER 5 Capital gains tax: returns, information, etc. PART 39 Assessments CHAPTER 1 Income tax and corporation tax CHAPTER 2 Provision against double assessment and relief for error or mistake CHAPTER 3 Capital gains tax PART 40 Appeals CHAPTER 1 Appeals against income tax and corporation tax assessments CHAPTER 2 Appeals against capital gains tax assessments CHAPTER 3 Miscellaneous PART 41 Self Assessment PART 42 Collection and Recovery CHAPTER 1 Income tax CHAPTER 2 Corporation tax CHAPTER 3 Capital gains tax CHAPTER 4 Collection and recovery of income tax on certain emoluments (PAYE system) CHAPTER 5 Miscellaneous provisions PART 43 Partnerships and European Economic Interest Groupings (EEIG) PART 44 Married, Separated and Divorced Persons CHAPTER 1 Income tax CHAPTER 2 Capital gains tax PART 45 Charging and Assessing of Non-Residents CHAPTER 1 Income tax and corporation tax CHAPTER 2 Capital gains tax PART 46 Persons Chargeable in a Representative Capacity CHAPTER 1 Income tax and corporation tax CHAPTER 2 Capital gains tax PART 47 Penalties, Revenue Offences, Interest on Overdue Tax and Other Sanctions CHAPTER 1 Income tax and corporation tax penalties CHAPTER 2 Other corporation tax penalties CHAPTER 3 Capital gains tax penalties CHAPTER 4 Revenue offences CHAPTER 5 Interest on overdue tax CHAPTER 6 Other sanctions PART 48 Miscellaneous and Supplemental PART 49 Commencement, Repeals, Transitional Provisions, Etc SCHEDULE 1 Supplementary Provisions Concerning the Extension of Charge to Tax to Profits and Income Derived From Activities Carried on and Employments Exercised on the Continental Shelf SCHEDULE 2 Machinery for Assessment, Charge and Payment of Tax Under Schedule C and, in Certain Cases, Schedule D SCHEDULE 3 Reliefs in Respect of Income Tax Charged on Payments on Retirement, Etc SCHEDULE 4 Exemption of Specified Non-Commercial State Sponsored Bodies From Certain Tax Provisions SCHEDULE 5 Description of Custom House Docks Area SCHEDULE 6 Description of Temple Bar Area SCHEDULE 7 Description of Certain Enterprise Areas SCHEDULE 8 Description of Qualifying Resort Areas SCHEDULE 9 Change in Ownership of Company: Disallowance of Trading Losses SCHEDULE 10 Relief for Investment in Corporate Trades: Subsidiaries SCHEDULE 11 Profit Sharing Schemes SCHEDULE 12 Employee Share Ownership Trusts SCHEDULE 13 Accountable Persons for purposes of Chapter 1 of Part 18 SCHEDULE 14 Capital Gains Tax: Leases SCHEDULE 15 List of Bodies for Purposes of Section 610 SCHEDULE 16 Building Societies: Change of Status SCHEDULE 17 Reorganisation into Companies of Trustee Savings Banks SCHEDULE 18 Accounting for and Payment of Tax Deducted from Relevant Payments and Undistributed Relevant Income SCHEDULE 19 Offshore Funds: Distributing Funds SCHEDULE 20 Offshore Funds: Computation of Offshore Income Gains SCHEDULE 21 Purchase and Sale of Securities: Appropriate Amount in Respect of the Interest SCHEDULE 22 Dividends Regarded as Paid Out of Profits Accumulated Before Given Date SCHEDULE 23 Occupational Pension Schemes SCHEDULE 24 Relief from Income Tax and Corporation Tax by Means of Credit in Respect of Foreign Tax SCHEDULE 25 Convention Between the Government of Ireland and the Government of the United States of America for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income SCHEDULE 26 Replacement of Harbour Authorities by Port Companies SCHEDULE 27 Forms of Declarations to be Made by Certain Persons SCHEDULE 28 Statements, Lists and Declarations SCHEDULE 29 Provisions Referred to in Sections 1052, 1053 and 1054 SCHEDULE 30 Repeals SCHEDULE 31 Consequential Amendments SCHEDULE 32 Transitional Provisions ARRANGEMENT OF SECTIONS INTERPRETATION AND BASIC CHARGING PROVISIONS PART 1 Interpretation Section 1. Interpretation of this Act. 2. Interpretation of Tax Acts. 3. Interpretation of Income Tax Acts. 4. Interpretation of Corporation Tax Acts. 5. Interpretation of Capital Gains Tax Acts. 6. Construction of references to child in Tax Acts and Capital Gains Tax Acts. 7. Application to certain taxing statutes of Age of Majority Act, 1985. 8. Construction of certain taxing statutes in accordance with Status of Children Act, 1987. 9. Subsidiaries. 10. Connected persons. 11. Meaning of “control” in certain contexts. PART 2 The Charge to Tax CHAPTER 1 Income tax 12. The charge to income tax. 13. Extension of charge to income tax to profits and income derived from activities carried on and employments exercised on the Continental Shelf. 14. Fractions of a pound and yearly assessments. 15. Rate of charge. 16. Income tax charged by deduction. 17. Schedule C. 18. Schedule D. 19. Schedule E. 20. Schedule F. CHAPTER 2 Corporation tax 21. The charge to corporation tax and exclusion of income tax and capital gains tax. 22. Reduced rate of corporation tax for certain income. 23. Application of section 13 for purposes of corporation tax. 24. Companies resident in the State: income tax on payments made or received. 25. Companies not resident in the State. 26. General scheme of corporation tax. 27. Basis of, and periods for, assessment. CHAPTER 3 Capital gains tax 28. Taxation of capital gains and rate of charge. 29. Persons chargeable. 30. Partnerships. 31. Amount chargeable. INCOME TAX AND CORPORATION TAX: THE MAIN PROVISIONS PART 3 Provisions Relating to the Schedule C Charge and Government and Other Public Securities CHAPTER 1 Principal provisions relating to the Schedule C charge 32. Interpretation (Chapter 1). 33. Method of charge and payment. 34. Stock, dividends or interest belonging to the State. 35. Securities of foreign territories. CHAPTER 2 Government and other public securities: interest payable without deduction of tax 36. Government securities. 37. Securities of certain State-owned companies. 38. Certain State-guaranteed securities. 39. Securities of certain European bodies. 40. Securities of International Bank for Reconstruction and Development. 41. Securities of designated bodies under the Securitisation (Proceeds of Certain Mortgages) Act, 1995. CHAPTER 3 Government and other public securities: exemptions from tax 42. Exemption of interest on savings certificates. 43. Certain securities issued by Minister for Finance. 44. Exemption from corporation tax of certain securities issued by Minister for Finance. 45. Exemption of non-interest-bearing securities. 46. Exemption of premiums on Investment Bonds. 47. Certain securities of ACC Bank plc. 48. Exemption of premiums on certain securities. 49. Exemption of certain securities. 50. Securities of Irish local authorities issued abroad. CHAPTER 4 Miscellaneous provisions 51. Funding bonds issued in respect of interest on certain debts. PART 4 Principal Provisions Relating to the Schedule D Charge CHAPTER 1 Supplementary charging provisions 52. Persons chargeable. 53. Cattle and milk dealers. 54. Interest, etc. paid without deduction of tax under Schedule C. 55. Taxation of strips of securities. 56. Tax on quarries, mines and other concerns chargeable under Case I(
- b)of Schedule D 57. Extension of charge to tax under Case III of Schedule D in certain circumstances. 58. Charge to tax of profits or gains from unknown or unlawful source. 59. Charge to tax of income from which tax has been deducted. CHAPTER 2 Foreign dividends 60. Interpretation (Chapter 2). 61. Dividends entrusted for payment in the State. 62. Dividends paid outside the State and proceeds of sale of dividend coupons. 63. Exemption of dividends of non-residents. 64. Interest on quoted Eurobonds. CHAPTER 3 Income tax: basis of assessment under Cases I and II 65. Cases I and II: basis of assessment. 66. Special basis at commencement of trade or profession. 67. Special basis on discontinuance of trade or profession. 68. Short-lived businesses. 69. Changes of proprietorship. CHAPTER 4 Income tax: basis of assessment under Cases III, IV and V 70. Case III: basis of assessment. 71. Foreign securities and possessions. 72. Charge to tax on sums applied outside the State in repaying certain loans. 73. Income from certain possessions in Great Britain or Northern Ireland. 74. Case IV: basis of assessment. 75. Case V: basis of assessment. CHAPTER 5 Computational provisions: corporation tax 76. Computation of income: application of income tax principles. 77. Miscellaneous special rules for computation of income 78. Computation of companies' chargeable gains. 79. Foreign currency: computation of income and chargeable gains. 80. Taxation of certain foreign currencies. CHAPTER 6 Computational provisions: general 81. General rule as to deductions. 82. Pre-trading expenditure. 83. Expenses of management of investment companies. 84. Expenses in relation to establishment or alteration of superannuation schemes. 85. Deduction for certain industrial premises. 86. Cost of registration of trade marks. 87. Debts set off against profits and subsequently released. 88. Deduction for gifts to Enterprise Trust Ltd. CHAPTER 7 Special measures on discontinuance of, and change of basis of computation of profits or gains of, a trade or profession 89. Valuation of trading stock at discontinuance of trade. 90. Valuation of work in progress at discontinuance of profession. 91. Receipts accruing after discontinuance of trade or profession. 92. Receipts and losses accruing after change treated as discontinuance. 93. Cash basis, etc: relief for certain individuals. 94. Conventional basis: general charge on receipts after change of basis. 95. Supplementary provisions as to tax under section 91 or 94. CHAPTER 8 Taxation of rents and certain other payments 96. Interpretation (Chapter 8). 97. Computational rules and allowable deductions. 98. Treatment of premiums, etc. as rent. 99. Charge on assignment of lease granted at undervalue. 100. Charge on sale of land with right to reconveyance. 101. Relief for amount not received. 102. Deduction by reference to premium, etc. paid in computation of profits for purposes of Schedule D, Cases I and II. 103. Deduction by reference to premiums, etc. paid in computation of profits for purposes of this Chapter. 104. Taxation of certain rents and other payments. 105. Taxation of rents: restriction in respect of certain rent and interest. 106. Tax treatment of receipts and outgoings on sale of premises. CHAPTER 9 Miscellaneous provisions 107. Apportionment of profits. 108. Statement of profits. 109. Payments in respect of redundancy. 110. Securitisation of assets. 111. Allowance to owner of let mineral rights for expenses of management of minerals. PART 5 Principal Provisions Relating to the Schedule E Charge CHAPTER 1 Basis of assessment, persons chargeable and extent of charge 112. Basis of assessment, persons chargeable and extent of charge. CHAPTER 2 Computational provisions 113. Making of deductions. 114. General rule as to deductions. 115. Fixed deduction for certain classes of persons. CHAPTER 3 Expenses allowances and provisions relating to the general benefits in kind charge 116. Interpretation (Chapter 3). 117. Expenses allowances. 118. Benefits in kind: general charging provision. 119. Valuation of benefits in kind. 120. Unincorporated bodies, partnerships and individuals. CHAPTER 4 Other benefit in kind charges 121. Benefit of use of car. 122. Preferential loan arrangements. CHAPTER 5 Miscellaneous charging provisions 123. General tax treatment of payments on retirement or removal from office or employment. 124. Tax treatment of certain severance payments. 125. Tax treatment of benefits received under permanent health benefit schemes. 126. Tax treatment of certain benefits payable under Social Welfare Acts. 127. Tax treatment of restrictive covenants. 128. Tax treatment of directors of companies and employees granted rights to acquire shares or other assets. PART 6 Company Distributions, Tax Credits, Franked Investment Income and Advance Corporation Tax CHAPTER 1 Taxation of company distributions 129. Irish resident company distributions not generally chargeable to corporation tax. CHAPTER 2 Meaning of distribution 130. Matters to be treated as distributions. 131. Bonus issues following repayment of share capital. 132. Matters to be treated or not treated as repayments of share capital. 133. Limitation on meaning of “distribution”— general. 134. Limitation on meaning of “distribution” in relation to certain payments made in respect of “foreign source” finance. 135. Distributions: supplemental. CHAPTER 3 Distributions and tax credits— general 136. Tax credit for certain recipients of distributions. 137. Disallowance of reliefs in respect of bonus issues. 138. Treatment of dividends on certain preference shares. 139. Dividends and other distributions at gross rate or of gross amount. CHAPTER 4 Distributions out of certain exempt profits or gains or out of certain relieved income 140. Distributions out of profits or gains from stallion fees, stud greyhound services fees and occupation of certain woodlands. 141. Distributions out of income from patent royalties. 142. Distributions out of profits of certain mines. 143. Distributions out of profits from coal, gypsum and anhydrite mining operations. 144. Distributions out of profits from trading within Shannon Airport. 145. Distributions out of profits from export of certain goods. 146. Provisions supplementary to section 145. CHAPTER 5 Distributions out of certain income of manufacturing companies 147. Distributions. 148. Treatment of certain deductions in relation to relevant distributions. 149. Dividends and other distributions at gross rate or of gross amount. 150. Tax credit for recipients of certain distributions. 151. Appeals. CHAPTER 6 Distributions— supplemental 152. Explanation of tax credit to be annexed to interest and dividend warrants. 153. Distributions to non-residents. 154. Attribution of distributions to accounting periods. 155. Restriction of certain reliefs in respect of distributions out of certain exempt or relieved profits. CHAPTER 7 Franked investment income 156. Franked investment income and franked payments. 157. Set-off of losses, etc. against franked investment income. 158. Set-off of loss brought forward or terminal loss against franked investment income in the case of financial concerns. CHAPTER 8 Advance corporation tax 159. Liability for advance corporation tax. 160. Set-off of advance corporation tax. 161. Rectification of excessive set-off of advance corporation tax. 162. Calculation of advance corporation tax where company receives distributions. 163. Tax credit recovered from company. 164. Restrictions as to payment of tax credit. 165. Group dividends. 166. Surrender of advance corporation tax. 167. Change of ownership of company: calculation and treatment of advance corporation tax. 168. Distributions to certain non-resident companies. 169. Non-distributing investment companies. 170. Interest in respect of certain securities. 171. Returns, payment and collection of advance corporation tax. 172. Application of Corporation Tax Acts. CHAPTER 9 Taxation of acquisition by a company of its own shares 173. Interpretation (Chapter 9). 174. Taxation of dealer's receipts on purchase of shares by issuing company or by its subsidiary. 175. Purchase of own shares by quoted company. 176. Purchase of unquoted shares by issuing company or its subsidiary. 177. Conditions as to residence and period of ownership. 178. Conditions as to reduction of vendor's interest as shareholder. 179. Conditions applicable where purchasing company is member of a group. 180. Additional conditions. 181. Relaxation of conditions in certain cases. 182. Returns. 183. Information. 184. Treasury shares. 185. Associated persons. 186. Connected persons. PART 7 Income Tax and Corporation Tax Exemptions CHAPTER 1 Income tax 187. Exemption from income tax and associated marginal relief. 188. Age exemption and associated marginal relief. 189. Payments in respect of personal injuries. 190. Certain payments made by the Haemophilia HIV Trust. 191. Taxation treatment of Hepatitis C compensation payments. 192. Payments in respect of thalidomide children. 193. Income from scholarships. 194. Child benefit. 195. Exemption of certain earnings of writers, composers and artists. 196. Expenses of members of judiciary. 197. Bonus or interest paid under instalment savings schemes. 198. Certain interest not to be chargeable. 199. Interest on certain securities. 200. Certain foreign pensions. 201. Exemptions and reliefs in respect of tax under section 123. 202. Relief for agreed pay restructuring. 203. Payments in respect of redundancy. 204. Military and other pensions, gratuities and allowances. 205. Veterans of War of Independence. 206. Income from investments under Social Welfare (Consolidation) Act, 1993. 207. Rents of properties belonging to hospitals and other charities. 208. Lands owned and occupied, and trades carried on by, charities. 209. Bodies for the promotion of Universal Declaration of Human Rights and the implementation of European Convention for the Protection of Human Rights and Fundamental Freedoms. 210. The Great Book of Ireland Trust. 211. Friendly societies. 212. Credit unions. 213. Trade unions. 214. Local authorities, etc. 215. Certain profits of agricultural societies. 216. Profits from lotteries. CHAPTER 2 Corporation tax 217. Certain income of Nítrigin Éireann Teoranta. 218. Certain income of Housing Finance Agency plc. 219. Income of body designated under Irish Takeover Panel Act, 1997. 220. Profits of certain bodies corporate. 221. Certain payments to National Co-operative Farm Relief Services Ltd and certain payments made to its members. 222. Certain dividends from a non-resident subsidiary. CHAPTER 3 Income tax and corporation tax 223. Small enterprise grants. 224. Grants to medium and large industrial undertakings. 225. Employment grants. 226. Certain employment grants and recruitment subsidies. 227. Certain income arising to specified non-commercial state-sponsored bodies. 228. Income arising to designated bodies under the Securitisation (Proceeds of Certain Mortgages) Act, 1995. 229. Harbour authorities and port companies. 230. National Treasury Management Agency. 231. Profits or gains from stallion fees. 232. Profits from occupation of certain woodlands. 233. Stud greyhound service fees. 234. Certain income derived from patent royalties. 235. Bodies established for promotion of athletic or amateur games or sports. 236. Loan of certain art objects. PART 8 Annual Payments, Charges and Interest CHAPTER 1 Annual payments 237. Annual payments payable wholly out of taxed income. 238. Annual payments not payable out of taxed income. 239. Income tax on payments by resident companies. 240. Provisions as to tax under section 239. 241. Income tax on payments by non-resident companies. 242. Annual payments for non-taxable consideration. CHAPTER 2 Charges on income for corporation tax purposes 243. Allowance of charges on income. CHAPTER 3 Principal provisions relating to the payment of interest 244. Relief for interest paid on certain home loans. 245. Relief for certain bridging loans. 246. Interest payments by companies and to non-residents. 247. Relief to companies on loans applied in acquiring interest in other companies. 248. Relief to individuals on loans applied in acquiring interest in companies. 249. Rules relating to recovery of capital and replacement loans. 250. Extension of relief under section 248 to certain individuals in relation to loans applied in acquiring interest in certain companies. 251. Restriction of relief to individuals on loans applied in acquiring shares in companies where a claim for “BES relief” or “film relief” is made in respect of amount subscribed for shares. 252. Restriction of relief to individuals on loans applied in acquiring interest in companies which become quoted companies. 253. Relief to individuals on loans applied in acquiring interest in partnerships. 254. Interest on borrowings to replace capital withdrawn in certain circumstances from a business. 255. Arrangements for payment of interest less tax or of fixed net amount. CHAPTER 4 Interest payments by certain deposit takers 256. Interpretation (Chapter 4). 257. Deduction of tax from relevant interest. 258. Returns and collection of appropriate tax. 259. Alternative amount on account of appropriate tax. 260. Provisions supplemental to sections 258 and 259. 261. Taxation of relevant interest, etc. 262. Statement furnished by relevant deposit taker. 263. Declarations relating to deposits of non-residents. 264. Conditions and declarations relating to special savings accounts. 265. Declarations by companies and pension schemes. 266. Declarations relating to deposits of charities. 267. Repayment of appropriate tax in certain cases. PART 9 Principal Provisions Relating to Relief for Capital Expenditure CHAPTER 1 Industrial buildings or structures: industrial building allowances, writing-down allowances, balancing allowances and balancing charges 268. Meaning of “industrial building or structure”. 269. Meaning of “the relevant interest”. 270. Meaning of “expenditure on construction of building or structure”. 271. Industrial building allowances. 272. Writing-down allowances. 273. Acceleration of writing-down allowances in respect of certain expenditure on certain industrial buildings or structures. 274. Balancing allowances and balancing charges. 275. Restriction of balancing allowances on sale of industrial building or structure. 276. Application of sections 272 and 274 in relation to capital expenditure on refurbishment. 277. Writing off of expenditure and meaning of “residue of expenditure”. 278. Manner of making allowances and charges. 279. Purchases of certain buildings or structures. 280. Temporary disuse of building or structure. 281. Special provisions in regard to leases. 282. Supplementary provisions (Chapter 1). CHAPTER 2 Machinery or plant: initial allowances, wear and tear allowances, balancing allowances and balancing charges 283. Initial allowances. 284. Wear and tear allowances. 285. Acceleration of wear and tear allowances. 286. Increased wear and tear allowances for taxis and cars for short-term hire. 287. Wear and tear allowances deemed to have been made in certain cases. 288. Balancing allowances and balancing charges. 289. Calculation of balancing allowances and balancing charges in certain cases. 290. Option in case of replacement. 291. Computer software. 292. Meaning of “amount still unallowed”. 293. Application to partnerships. 294. Machinery or plant used partly for non-trading purposes. 295. Option in case of succession under will or intestacy. 296. Balancing allowances and balancing charges: wear and tear allowances deemed to have been made in certain cases. 297. Subsidies towards wear and tear. 298. Allowances to lessors. 299. Allowances to lessees. 300. Manner of making allowances and charges. 301. Application to professions, employments and offices. CHAPTER 3 Dredging: initial allowances and annual allowances 302. Interpretation (Chapter 3). 303. Allowances for expenditure on dredging. CHAPTER 4 Miscellaneous and general 304. Income tax: allowances and charges in taxing a trade, etc. 305. Income tax: manner of granting, and effect of, allowances made by means of discharge or repayment of tax. 306. Meaning of basis period. 307. Corporation tax: allowances and charges in taxing a trade. 308. Corporation tax: manner of granting, and effect of, allowances made by means of discharge or repayment of tax. 309. Companies not resident in the State. 310. Allowances in respect of certain contributions to capital expenditure of local authorities. 311. Apportionment of consideration and exchanges and surrenders of leasehold interests. 312. Special provisions as to certain sales. 313. Effect, in certain cases, of succession to trade, etc. 314. Procedure on apportionment. 315. Property used for purposes of “exempted trading operations”. 316. Interpretation of certain references to expenditure and time when expenditure is incurred. 317. Treatment of grants. 318. Meaning of “sale, insurance, salvage or compensation moneys”. 319. Adjustment of allowances by reference to value-added tax. 320. Other interpretation (Part 9). 321. Provisions of general application in relation to the making of allowances and charges. PART 10 Income Tax and Corporation Tax: Reliefs for Renewal and Improvement of Certain Urban Areas, Certain Resort Areas and Certain Islands CHAPTER 1 Custom House Docks Area 322. Interpretation (Chapter 1). 323. Capital allowances in relation to construction of certain commercial premises. 324. Double rent allowance in respect of rent paid for certain business premises. 325. Rented residential accommodation: deduction for certain expenditure on construction. 326. Rented residential accommodation: deduction for certain expenditure on conversion. 327. Rented residential accommodation: deduction for certain expenditure on refurbishment. 328. Residential accommodation: allowance to owner-occupiers in respect of certain expenditure on construction or refurbishment. 329. Provisions supplementary to sections 325 to 328. CHAPTER 2 Temple Bar Area 330. Interpretation (Chapter 2). 331. Accelerated capital allowances in relation to construction or refurbishment of certain industrial buildings or structures. 332. Capital allowances in relation to construction or refurbishment of certain commercial premises. 333. Double rent allowance in respect of rent paid for certain business premises. 334. Rented residential accommodation: deduction for certain expenditure on construction. 335. Rented residential accommodation: deduction for certain expenditure on conversion. 336. Rented residential accommodation: deduction for certain expenditure on refurbishment. 337. Residential accommodation: allowance to owner-occupiers in respect of certain expenditure on construction or refurbishment. 338. Provisions supplementary to sections 334 to 337. CHAPTER 3 Designated areas, designated streets, enterprise areas and multi-storey car parks in certain urban areas 339. Interpretation (Chapter 3). 340. Designated areas, designated streets and enterprise areas. 341. Accelerated capital allowances in relation to construction or refurbishment of certain industrial buildings or structures. 342. Capital allowances in relation to construction or refurbishment of certain commercial premises. 343. Capital allowances in relation to construction or refurbishment of certain buildings or structures in enterprise areas. 344. Capital allowances in relation to construction or refurbishment of certain multi-storey car parks. 345. Double rent allowance in respect of rent paid for certain business premises. 346. Rented residential accommodation: deduction for certain expenditure on construction. 347. Rented residential accommodation: deduction for certain expenditure on conversion. 348. Rented residential accommodation: deduction for certain expenditure on refurbishment. 349. Residential accommodation: allowance to owner-occupiers in respect of certain expenditure on construction or refurbishment. 350. Provisions supplementary to sections 346 to 349. CHAPTER 4 Qualifying resort areas 351. Interpretation (Chapter 4). 352. Accelerated capital allowances in relation to the construction or refurbishment of certain industrial buildings or structures. 353. Capital allowances in relation to the construction or refurbishment of certain commercial premises. 354. Double rent allowance in respect of rent paid for certain business premises. 355. Disclaimer of capital allowances on holiday cottages, holiday apartments, etc. 356. Rented residential accommodation: deduction for certain expenditure on construction. 357. Rented residential accommodation: deduction for certain expenditure on conversion. 358. Rented residential accommodation: deduction for certain expenditure on refurbishment. 359. Provisions supplementary to sections 356 to 358. CHAPTER 5 Designated islands 360. Interpretation (Chapter 5). 361. Rented residential accommodation: deduction for certain expenditure on construction. 362. Rented residential accommodation: deduction for certain expenditure on conversion. 363. Rented residential accommodation: deduction for certain expenditure on refurbishment. 364. Residential accommodation: allowance to owner-occupiers in respect of certain expenditure on construction or refurbishment. 365. Provisions supplementary to sections 360 to 364. CHAPTER 6 Dublin Docklands Area 366. Interpretation (Chapter 6). 367. Qualifying areas. 368. Accelerated capital allowances in relation to construction or refurbishment of certain industrial buildings or structures. 369. Capital allowances in relation to construction or refurbishment of certain commercial premises. 370. Double rent allowance in respect of rent paid for certain business premises. 371. Residential accommodation: allowance to owner-occupiers in respect of certain expenditure on construction or refurbishment. 372. Provisions supplementary to section 371. PART 11 Capital Allowances and Expenses for Certain Road Vehicles 373. Interpretation (Part 11). 374. Capital allowances for cars costing over certain amount. 375. Limit on renewals allowance for cars. 376. Restriction of deduction in respect of running expenses of cars. 377. Limit on deductions, etc. for hiring cars. 378. Cars: provisions as to hire-purchase, etc. 379. Cars: provisions where hirer becomes owner. 380. Provisions supplementary to sections 374 to 379. PART 12 Principal Provisions Relating to Loss Relief, Treatment of Certain Losses and Capital Allowances, and Group Relief CHAPTER 1 Income tax: loss relief 381. Right to repayment of tax by reference to losses. 382. Right to carry forward losses to future years. 383. Relief under Case IV for losses. 384. Relief under Case V for losses. 385. Terminal loss. 386. Determination of terminal loss. 387. Calculation of amount of profits or gains for purposes of terminal loss. 388. Meaning of “permanently discontinued” for purposes of terminal loss. 389. Determination of claim for terminal loss. 390. Amount of assessment made under section 238 to be allowed as a loss for certain purposes. CHAPTER 2 Income tax: loss relief— treatment of capital allowances 391. Interpretation (Chapter 2). 392. Option to treat capital allowances as creating or augmenting a loss. 393. Extent to which capital allowances to be taken into account for purposes of section 392. 394. Effect of giving relief under section 381 by reference to capital allowances. 395. Relief affected by subsequent changes of law, etc. CHAPTER 3 Corporation tax: loss relief 396. Relief for trading losses other than terminal losses. 397. Relief for terminal loss in a trade. 398. Computation of losses attributable to exemption of income from certain securities. 399. Losses in transactions from which income would be chargeable under Case IV or V of Schedule D. 400. Company reconstructions without change of ownership. 401. Change in ownership of company: disallowance of trading losses. CHAPTER 4 Income tax and corporation tax: treatment of certain losses and certain capital allowances 402. Foreign currency: tax treatment of capital allowances and trading losses of a company. 403. Restriction on use of capital allowances for certain leased assets. 404. Restriction on use of capital allowances for certain leased machinery or plant. 405. Restriction on use of capital allowances on holiday cottages. 406. Corporation tax: restriction on use of capital allowances on fixtures and fittings for furnished residential accommodation. 407. Restriction on use of losses and capital allowances for qualifying shipping trade. 408. Restriction on tax incentives on property investment. 409. Capital allowances: room ownership schemes. CHAPTER 5 Group relief 410. Group payments. 411. Surrender of relief between members of groups and consortia. 412. Qualification for entitlement to group relief. 413. Profits or assets available for distribution. 414. Meaning of “the profit distribution”. 415. Meaning of “the notional winding up”. 416. Limited right to profits or assets. 417. Diminished share of profits or assets. 418. Beneficial percentage. 419. The relevant accounting period, etc. 420. Losses, etc. which may be surrendered by means of group relief. 421. Relation of group relief to other relief. 422. Corresponding accounting periods. 423. Company joining or leaving group or consortium. 424. Effect of arrangements for transfer of company to another group, etc. 425. Leasing contracts: effect on claims for losses of company reconstructions. 426. Partnerships involving companies: effect of arrangements for transferring relief. 427. Information as to arrangements for transferring relief, etc. 428. Exclusion of double allowances, etc. 429. Claims and adjustments. PART 13 Close Companies CHAPTER 1 Interpretation and general 430. Meaning of “close company”. 431. Certain companies with quoted shares not to be close companies. 432. Meaning of “associated company” and “control”. 433. Meaning of “participator”, 5associate”, “director” and “loan creditor”. 434. Distributions to be taken into account and meaning of “distributable income”, “investment income”, “estate income”, etc. 435. Information. CHAPTER 2 Additional matters to be treated as distributions, charges to tax in respect of certain loans and surcharges on certain undistributed income 436. Certain expenses for participators and associates. 437. Interest paid to directors and directors' associates. 438. Loans to participators, etc. 439. Effect of release, etc. of debt in respect of loan under section 438. 440. Surcharge on undistributed investment and estate income. 441. Surcharge on undistributed income of service companies. PART 14 Taxation of Companies Engaged in Manufacturing Trades, Certain Trading Operations Carried On in Shannon Airport and Certain Trading Operations Carried on in the Custom House Docks Area CHAPTER 1 Interpretation and general 442. Interpretation (Part 14). 443. Meaning of “goods”. 444. Exclusion of mining and construction operations. 445. Certain trading operations carried on in Shannon Airport. 446. Certain trading operations carried on in Custom House Docks Area. 447. Appeals. CHAPTER 2 Principal provisions 448. Relief from corporation tax. 449. Credit for foreign tax not otherwise credited. 450. Double taxation relief. 451. Treatment of income and gains of certain trading operations carried on in Custom House Docks Area from investments held outside the State. 452. Application of section 130 to certain interest. 453. Transactions between associated persons. 454. Restriction of certain charges on income. 455. Restriction of certain losses. 456. Restriction of group relief. 457. Application of section 448 where profits are charged to corporation tax at the reduced rate. PART 15 Personal Allowances and Reliefs and Certain Other Income Tax and Corporation Tax Reliefs CHAPTER 1 Personal allowances and reliefs 458. Deductions allowed in ascertaining taxable income and provisions relating to reductions in tax. 459. General provisions relating to allowances, deductions and reliefs. 460. Rate of tax at which repayments are to be made. 461. Married and single personal allowances. 462. Additional amount for widowed parents and other single parents. 463. Special allowance for widowed parent following death of spouse. 464. Age allowance. 465. Incapacitated children. 466. Dependent relative. 467. Employed person taking care of incapacitated individual. 468. Relief for blind persons. 469. Relief for health expenses. 470. Relief for insurance against expenses of illness. 471. Relief for contributions to permanent health benefit schemes. 472. Employee allowance. 473. Allowance for rent paid by certain tenants. 474. Relief for fees paid to private colleges for full-time third level education. 475. Relief for fees paid for part-time third level education. 476. Refief for fees paid for training courses. 477. Relief for service charges. 478. Relief for payments made by certain persons in respect of alarm systems. 479. Relief for new shares purchased on issue by employees. 480. Relief for certain sums chargeable under Schedule E. CHAPTER 2 Income tax and corporation tax: reliefs applicable to both 481. Relief for investment in films. 482. Relief for expenditure on significant buildings and gardens. 483. Relief for certain gifts. 484. Relief for gifts for education in the arts. 485. Relief for gifts to third-level institutions. CHAPTER 3 Corporation tax reliefs 486. Corporation tax: relief for gifts to First Step. 487. Corporation tax: credit for bank levy. PART 16 Income Tax Relief for Investment in Corporate Trades— Business Expansion Scheme and Seed Capital Scheme 488. Interpretation (Part 16). 489. The relief. 490. Limits on the relief. 491. Restriction on relief where amounts raised exceed permitted maximum. 492. Certification in respect of an issue of eligible shares where aggregate of amounts raised by a company exceeds £250,000. 493. Individuals qualifying for relief. 494. Specified individuals. 495. Qualifying companies. 496. Qualifying trades. 497. Relevant trading operations. 498. Disposals of shares. 499. Value received from company. 500. Replacement capital. 501. Value received by persons other than claimants. 502. Prevention of misuse. 503. Claims. 504. Assessments for withdrawing relief. 505. Information. 506. Capital gains tax. 507. Application to subsidiaries. 508. Nominees and designated funds. PART 17 Profit Sharing Schemes and Employee Share Ownership Trusts CHAPTER 1 Profit sharing schemes 509. Interpretation (Chapter 1). 510. Approved profit sharing schemes: appropriated shares. 511. The period of retention, release date and appropriate percentage. 512. Disposals of scheme shares. 513. Capital receipts in respect of scheme shares. 514. Company reconstructions, amalgamations, etc. 515. Excess or unauthorised shares. 516. Assessment of trustees in respect of sums received. 517. Payments to trustees of approved profit sharing scheme. 518. Costs of establishing profit sharing schemes. CHAPTER 2 Employee share ownership trusts 519. Employee share ownership trusts. PART 18 Payments In Respect of Professional Services by Certain Persons and Payments to Subcontractors in Certain Industries CHAPTER 1 Payments in respect of professional services by certain persons 520. Interpretation (Chapter 1). 521. Accountable persons. 522. Obligation on authorised insurers. 523. Deduction of tax from relevant payments. 524. Identification of, and issue of documents to, specified persons. 525. Returns and collection of appropriate tax. 526. Credit for appropriate tax borne. 527. Interim refunds of appropriate tax. 528. Apportionment of credits or interim refunds of appropriate tax. 529. Limitation on credits or interim refunds of appropriate tax. CHAPTER 2 Payments to subcontractors in certain industries 530. Interpretation (Chapter 2). 531. Payments to subcontractors in certain industries. TAXATION OF CHARGEABLE GAINS PART 19 Principal Provisions Relating to Taxation of Chargeable Gains CHAPTER 1 Assets and acquisitions and disposals of assets 532. Assets. 533. Location of assets. 534. Disposals of assets. 535. Disposals where capital sums derived from assets. 536. Capital sums: receipt of compensation and insurance moneys not treated as a disposal in certain cases. 537. Mortgages and charges not to be treated as disposals. 538. Disposals where assets lost or destroyed or become of negligible value. 539. Disposals in cases of hire purchase and similar transactions. 540. Options and forfeited deposits. 541. Debts. 542. Time of disposal and acquisition. 543. Transfers of value derived from assets. CHAPTER 2 Computation of chargeable gains and allowable losses 544. Interpretation and general (Chapter 2). 545. Chargeable gains. 546. Allowable losses. 547. Disposals and acquisitions treated as made at market value. 548. Valuation of assets. 549. Transactions between connected persons. 550. Assets disposed of in series of transactions. 551. Exclusion from consideration for disposals of sums chargeable to income tax. 552. Acquisition, enhancement and disposal costs. 553. Interest charged to capital. 554. Exclusion of expenditure by reference to income tax. 555. Restriction of losses by reference to capital allowances and renewals allowances. 556. Adjustment of allowable expenditure by reference to consumer price index. 557. Part disposals. 558. Part disposals before 6th day of April, 1978. 559. Assets derived from other assets. 560. Wasting assets. 561. Wasting assets qualifying for capital allowances. 562. Contingent liabilities. 563. Consideration due after time of disposal. 564. Woodlands. 565. Expenditure reimbursed out of public money. 566. Leases. CHAPTER 3 Assets held in a fiduciary or representative capacity, inheritances and settlements 567. Nominees, bare trustees and agents. 568. Liability of trustees, etc. 569. Assets of insolvent person. 570. Company in liquidation. 571. Chargeable gains accruing on disposals by liquidators and certain other persons. 572. Funds in court. 573. Death. 574. Trustees of settlement. 575. Gifts in settlement. 576. Person becoming absolutely entitled to settled property. 577. Termination of life interest on death of person entitled. 578. Death of annuitant. 579. Non-resident trusts. CHAPTER 4 Shares and securities 580. Shares, securities, etc: identification. 581. Disposals of shares or securities within 4 weeks of acquisition. 582. Calls on shares. 583. Capital distributions by companies. 584. Reorganisation or reduction of share capital. 585. Conversion of securities. 586. Company amalgamations by exchange of shares. 587. Company reconstructions and amalgamations. 588. Demutualisation of assurance companies. 589. Shares in close company transferring assets at undervalue. 590. Attribution to shareholders of chargeable gains accruing to non-resident company. 591. Relief for individuals on certain reinvestment. 592. Reduced rate of capital gains tax on certain disposals of shares by individuals. CHAPTER 5 Life assurance and deferred annuities 593. Life assurance and deferred annuities. 594. Foreign life assurance and deferred annuities: taxation and returns. 595. Life assurance policy or deferred annuity contract entered into or acquired by company. CHAPTER 6 Transfer of business assets 596. Appropriations to and from stock in trade. 597. Replacement of business and other assets. 598. Disposals of business or farm on “retirement”. 599. Disposals within family of business or farm. 600. Transfer of business to company. CHAPTER 7 Other reliefs and exemptions 601. Annual exempt amount. 602. Chattel exemption. 603. Wasting chattels. 604. Disposals of principal private residence. 605. Disposals to authority possessing compulsory purchase powers. 606. Disposals of work of art, etc., loaned for public display. 607. Government and certain other securities. 608. Superannuation funds. 609. Charities. 610. Other bodies. 611. Disposals to State, public bodies and charities. 612. Scheme for retirement of farmers. 613. Miscellaneous exemptions for certain kinds of property. PART 20 Companies' Chargeable Gains CHAPTER 1 General 614. Capital distribution derived from chargeable gain of company: recovery of tax from shareholder. 615. Company reconstruction or amalgamation: transfer of assets. 616. Groups of companies: interpretation. 617. Transfers of assets, other than trading stock, within group. 618. Transfers of trading stock within group. 619. Disposals or acquisitions outside group. 620. Replacement of business assets by members of group. 621. Depreciatory transactions in group. 622. Dividend stripping. 623. Company ceasing to be member of group. 624. Exemption from charge under section 623 in case of certain mergers. 625. Shares in subsidiary member of group. 626. Tax on company recoverable from other members of group. CHAPTER 2 Provisions where companies cease to be resident in the State 627. Deemed disposal of assets. 628. Postponement of charge on deemed disposal under section 627. 629. Tax on non-resident company recoverable from another member of group or from controlling director. PART 21 Mergers, Divisions, Transfers of Assets and Exchanges of Shares Concerning Companies of Different Member States 630. Interpretation (Part 21). 631. Transfer of assets generally. 632. Transfer of assets by company to its parent company. 633. Company reconstruction or amalgamation: transfer of development land. 634. Credit for tax. 635. Avoidance of tax. 636. Returns. 637. Other transactions. 638. Apportionment of amounts. TRANSACTIONS IN LAND PART 22 Provisions Relating to Dealing In or Developing Land and Disposals of Development Land CHAPTER 1 Income tax and corporation tax: profits or gains from dealing in or developing land 639. Interpretation (Chapter 1). 640. Extension of charge under Case I of Schedule D to certain profits from dealing in or developing land. 641. Computation under Case I of Schedule D of profits or gains from dealing in or developing land. 642. Transfers of interests in land between certain associated persons. 643. Tax to be charged under Case IV on gains from certain disposals of land. 644. Provisions supplementary to section 643. 645. Power to obtain information. 646. Postponement of payment of income tax to be permitted in certain cases. 647. Postponement of payment of corporation tax to be permitted in certain cases. CHAPTER 2 Capital gains tax: disposals of development land 648. Interpretation (Chapter 2). 649. Companies chargeable to capital gains tax in respect of chargeable gains accruing on relevant disposals. 650. Exclusion of certain disposals. 651. Restriction of indexation relief in relation to relevant disposals. 652. Non-application of reliefs on replacement of assets in case of relevant disposals. 653. Restriction of relief for losses, etc. in relation to relevant disposals. OTHER SPECIAL PROVISIONS PART 23 Farming and Market Gardening CHAPTER 1 Interpretation and general 654. Interpretation (Part 23). 655. Farming and market gardening profits to be charged to tax under Schedule D. 656. Farming: trading stock of discontinued trade. 657. Averaging of farm profits. 658. Farming: allowances for capital expenditure on construction of buildings and other works. 659. Farming: allowances for capital expenditure on the construction of farm buildings, etc. for control of pollution. 660. Farming: wear and tear allowances deemed to have been made in certain cases. 661. Farming: restriction of relief in respect of certain losses. 662. Income tax: restriction of relief for losses in farming or market gardening. 663. Corporation tax: restriction of relief for losses in farming or market gardening. 664. Relief for certain income from leasing of farm land. CHAPTER 2 Farming: relief for increase in stock values 665. Interpretation (Chapter 2). 666. Deduction for increase in stock values. 667. Special provisions for qualifying farmers. 668. Compulsory disposals of livestock. 669. Supplementary provisions (Chapter 2). PART 24 Taxation of Profits of Certain Mines and Petroleum Taxation CHAPTER 1 Taxation of profits of certain mines 670. Mine development allowance. 671. Marginal coal mine allowance. 672. Interpretation (sections 672 to 683). 673. Allowance in respect of development expenditure and exploration expenditure. 674. Expenditure on abortive exploration. 675. Exploration expenditure incurred by certain bodies corporate. 676. Expenditure incurred by person not engaged in trade of mining. 677. Investment allowance in respect of exploration expenditure. 678. Allowance for machinery and plant. 679. Exploration expenditure. 680. Annual allowance for mineral depletion. 681. Allowance for mine rehabilitation expenditure. 682. Marginal mine allowance. 683. Charge to tax on sums received from sale of scheduled mineral assets. CHAPTER 2 Petroleum taxation 684. Interpretation (Chapter 2). 685. Separation of trading activities. 686. Reduction of corporation tax. 687. Treatment of losses. 688. Treatment of group relief. 689. Restriction of relief for losses on certain disposals. 690. Interest and charges on income. 691. Restriction of set-off of advance corporation tax. 692. Development expenditure: allowances and charges. 693. Exploration expenditure: allowances and charges. 694. Exploration expenditure incurred by certain companies. 695. Abandonment expenditure: allowances and loss relief. 696. Valuation of petroleum in certain circumstances. 697. Treatment of certain disposals. PART 25 Industrial and Provident Societies, Building Societies, and Trustee Savings Banks CHAPTER 1 Industrial and provident societies 698. Interpretation (Chapter 1). 699. Deduction as expenses of certain sums, etc. 700. Special computational provisions. 701. Transfer of shares held by certain societies to members of society. CHAPTER 2 Building societies 702. Union or amalgamation of, transfer of engagement between, societies. 703. Change of status of society. CHAPTER 3 Trustee savings banks 704. Amalgamation of trustee savings banks. 705. Reorganisation of trustee savings banks into companies. PART 26 Life Assurance Companies CHAPTER 1 General provisions 706. Interpretation and general (Part 26). 707. Management expenses. 708. Acquisition expenses. 709. Companies carrying on life business. 710. Profits of life business. 711. Chargeable gains of life business. 712. Distributions received from Irish resident companies. 713. Investment income reserved for policy holders. 714. Life business: computation of profits. 715. Annuity business: separate charge on profits. 716. General annuity business. 717. Pension business. 718. Foreign life assurance funds. 719. Deemed disposal and reacquisition of certain assets. 720. Gains or losses arising by virtue of section 719. 721. Life policies carrying rights not in money. 722. Benefits from life policies issued before 6th April, 1974. CHAPTER 2 Special investment policies 723. Special investment policies. 724. Transfer of assets into or out of special investment fund. 725. Special investment policies: breaches of conditions. CHAPTER 3 Provisions applying to overseas life assurance companies 726. Investment income. 727. General annuity and pension business. 728. Expenses of management. 729. Income tax, foreign tax and tax credit. 730. Tax credit in respect of distributions. PART 27 Unit Trusts and Offshore Funds CHAPTER 1 Unit trusts 731. Chargeable gains accruing to unit trusts. 732. Special arrangements for qualifying unit trusts. 733. Reorganisation of units in unit trust scheme. 734. Taxation of collective investment undertakings. 735. Certain unit trusts not to be collective investment undertakings. 736. Option for non-application of section 735. 737. Special investment schemes. 738. Undertakings for collective investment. 739. Taxation of unit holders in undertakings for collective investment. CHAPTER 2 Offshore funds 740. Interpretation (Chapter 2 and Schedules 19 and 20). 741. Disposals of material interests in non-qualifying offshore funds. 742. Offshore funds operating equalisation arrangements. 743. Material interest in offshore funds. 744. Non-qualifying offshore funds. 745. Charge to income tax or corporation tax of offshore income gain. 746. Offshore income gains accruing to persons resident or domiciled abroad. 747. Deduction of offshore income gain in determining capital gain. PART 28 Purchase and Sale of Securities CHAPTER 1 Purchase and sale of securities 748. Interpretation and application (Chapter 1). 749. Dealers in securities. 750. Persons entitled to exemption. 751. Traders other than dealers in securities. CHAPTER 2 Purchases of shares by financial concerns and persons exempted from tax, and restriction on relief for losses by repayment of tax in case of dividends paid out of accumulated profits 752. Purchases of shares by financial concerns and persons exempted from tax. 753. Restriction on relief for losses by repayment of tax in case of dividends paid out of accumulated profits. PART 29 Patents, Scientific and Certain Other Research, Know-How and Certain Training CHAPTER 1 Patents 754. Interpretation (Chapter 1). 755. Annual allowances for capital expenditure on purchase of patent rights. 756. Effect of lapse of patent rights. 757. Charges on capital sums received for sale of patent rights. 758. Relief for expenses. 759. Spreading of revenue payments over several years. 760. Capital sums: effect of death, winding up and partnership changes. 761. Manner of making allowances and charges. 762. Application of Chapter 4 of Part 9. CHAPTER 2 Scientific and certain other research 763. Interpretation (sections 764 and 765). 764. Deduction for revenue expenditure on scientific research. 765. Allowances for capital expenditure on scientific research. 766. Deduction for certain expenditure on research and development. 767. Payment to universities and other approved bodies for research in, or teaching of, approved subjects. CHAPTER 3 Know-how and certain training 768. Allowance for know-how. 769. Relief for training of local staff before commencement of trading. PART 30 Occupational Pension Schemes, Retirement Annuities, Purchased Life Annuities and Certain Pensions CHAPTER 1 Occupational pension schemes 770. Interpretation and supplemental (Chapter 1). 771. Meaning of “retirement benefits scheme”. 772. Conditions for approval of schemes and discretionary approval. 773. General Medical Services: scheme of superannuation. 774. Certain approved schemes: exemptions and reliefs. 775. Certain approved schemes: provisions supplementary to section 774
(6).
- Certain statutory schemes: exemptions and reliefs.
- Charge to income tax in respect of certain relevant benefits provided for employees.
- Exceptions to charge to tax under section
- Charge to income tax of pensions under Schedule E.
- Charge to income tax on repayment of employees' contributions.
- Charge to income tax: commutation of entire pension.
- Charge to tax: repayments to employer. CHAPTER 2 Retirement annuities
- Interpretation and general (Chapter 2).
- Retirement annuities: relief for premiums.
- Approval of contracts for dependants or for life assurance.
- Approval of certain other contracts.
- Nature and amount of relief for qualifying premiums. CHAPTER 3 Purchased life annuities
- Capital element in certain purchased annuities.
- Supplementary provisions (Chapter 3). CHAPTER 4 Miscellaneous
- Liability of certain pensions, etc. to tax. PART 31 Taxation of Settlors, Etc in Respect of Settled or Transferred Income CHAPTER 1 Revocable dispositions for short periods and certain dispositions in favour of children
- Income under revocable dispositions.
- Income under dispositions for short periods.
- Recovery of tax from trustee and payment to trustee of excess tax recoupment. CHAPTER 2 Settlements on children generally
- Interpretation and application (Chapter 2).
- Income settled on children.
- Irrevocable instruments.
- Recovery of tax from trustee and payment to trustee of excess tax recoupment.
- Transfer of interest in trade to children. PART 32 Estates of Deceased Persons in Course of Administration and Surcharge on Certain Income of Trustees CHAPTER 1 Estates of deceased persons in course of administration
- Interpretation (Chapter 1).
- Limited interest in residue.
- Absolute interest in residue.
- Supplementary provisions as to absolute interest in residue.
- Special provisions as to certain interests.
- Adjustments and information. CHAPTER 2 Surcharge on certain income of trustees
- Surcharge on certain income of trustees. PART 33 Anti-Avoidance CHAPTER 1 Transfer of assets abroad
- Charge to income tax on transfer of assets abroad.
- Deductions and reliefs in relation to income chargeable to income tax under section
- Power to obtain information.
- Saver.
- Application of Income Tax Acts. CHAPTER 2 Miscellaneous
- Transactions to avoid liability to tax.
- Taxation of income deemed to arise from transfers of right to receive interest from securities.
- Taxation of transactions associated with loans or credit.
- Taxation of income deemed to arise from transactions in certificates of deposit and assignable deposits.
- Taxation of income deemed to arise on certain sales of securities.
- Taxation of shares issued in place of cash dividends.
- Schemes to avoid liability to tax under Schedule F. PART 34 Provisions Relating to the Residence of Individuals
- Interpretation (Part 34).
- Residence.
- Ordinary residence.
- Application of sections 17 and 18
(1)and Chapter 1 of Part
- Split year residence.
- Deduction for income earned outside the State.
- Appeals.
- Residence treatment of donors of gifts to the State. PART 35 Double Taxation Relief CHAPTER 1 Principal reliefs
- Agreements for relief from double taxation.
- Application to corporation tax of arrangements made in relation to corporation profits tax under old law.
- Capital gains tax: double taxation relief.
- Treatment for double taxation relief purposes of foreign tax incentive reliefs. CHAPTER 2 Miscellaneous
- Relief to certain companies liable to foreign tax.
- Implementation of Council Directive No.90/435/EEC concerning the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States.
- Provisions in relation to Convention for reciprocal avoidance of double taxation in the State and the United Kingdom of income and capital gains.
- Convention with United States of America.
- Relief in respect of ships documented under laws of United States of America.
- Saver for arrangements made under section 362 of Income Tax Act,
- PART 36 Miscellaneous Special Provisions
- Allowances for expenses of members of Oireachtas.
- Members of the clergy and ministers of religion.
- Special portfolio investment accounts.
- Limits to special investments.
- Business entertainment.
- Voluntary Health Insurance Board: restriction of certain losses and deemed disposal of certain assets.
- Replacement of harbour authorities by port companies.
- Capital allowances for buildings used for third level educational purposes.
- Companies carrying on mutual business or not carrying on a business.
- Corporation tax: treatment of tax-free income of non-resident banks, insurance businesses, etc.
- Tax-free securities: exclusion of interest on borrowed money.
- Tax relief for certain branch profits.
- Designated charities: repayment of tax in respect of donations. MANAGEMENT PROVISIONS PART 37 Administration
- Taxes under care and management of Revenue Commissioners.
- Appeal Commissioners.
- Collector-General.
- Inspectors of taxes.
- Governor and directors of Bank of Ireland.
- Appointment of persons for purposes of assessment of certain public offices.
- Declaration to be made by Commissioners.
- Disqualification of Commissioners in cases of personal interest.
- Declarations on taking office.
- Evidence of authorisation.
- Anonymity of authorised officers in relation to certain matters.
- Administration of oaths.
- Documents to be in accordance with form prescribed by Revenue Commissioners.
- Exercise of powers, etc. of Minister for Finance under Tax Acts.
- Loss, destruction or damage of assessments and other documents.
- Making of claims, etc.
- Limit of time for repayment claims.
- Rules as to delivery of statements.
- Amendment of statutory forms.
- Execution of warrants.
- Delivery, service and evidence of notices and forms.
- Effect of want of form, error, etc. on assessments, charges, warrants and other proceedings.
- Power to combine certain returns and assessments.
- Use of information relating to other taxes and duties.
- Proof that person is a Commissioner or officer.
- Limitation of penalties on officers employed in execution of Tax Acts and Capital Gains Tax Acts.
- Exemption of appraisements and valuations from stamp duty. PART 38 Returns of Income and Gains, Other Obligations and Returns, and Revenue Powers CHAPTER 1 Income tax: returns of income
- Notice of liability to income tax.
- Returns by persons chargeable.
- Persons acting for incapacitated persons and non-residents.
- Returns of income.
- Partnership returns.
- Returns by married persons. CHAPTER 2 Corporation tax: returns of profits
- Particulars to be supplied by new companies.
- Notice of liability to corporation tax.
- Returns of profits. CHAPTER 3 Other obligations and returns
- Obligation to show tax reference number on receipts.
- Obligation to keep certain records.
- Use of electronic data processing.
- Returns, etc. by lessors, lessees and agents.
- Returns of fees, commissions, etc. paid by certain persons.
- Returns by persons in receipt of income belonging to others.
- Returns of interest paid or credited without deduction of tax.
- Returns by nominee holders of securities.
- Returns by certain intermediaries in relation to UCITS.
- Returns of certain information by third parties.
- Returns in relation to foreign accounts.
- Returns in relation to material interest in offshore funds.
- Returns of employees' emoluments, etc.
- Returns of copies of rates and production of certain valuations. CHAPTER 4 Revenue powers
- Inspector's right to make enquiries.
- Power to require production of accounts and books.
- Power to require delivery of books and papers relating to tax.
- Power to obtain from certain persons particulars of transactions with and documents concerning tax liability of taxpayer.
- Power of inspection: PAYE.
- Power of inspection: tax deduction from payments to certain subcontractors.
- Inspection of documents and records.
- Authorised officers and Garda Síochána.
- Application to Appeal Commissioners seeking determination that authorised officer justified in requiring information to be furnished by financial institutions.
- Application to High Court seeking order requiring information to be furnished by financial institutions.
- Power to require return of property.
- Power to obtain information from Minister of the Government.
- Valuation of assets: power to inspect.
- Computer documents and records. CHAPTER 5 Capital gains tax: returns, information, etc.
- Application of income tax provisions relating to returns, etc.
- Returns by issuing houses, stockbrokers, auctioneers, etc.
- Returns by nominee shareholders.
- Returns by party to a settlement.
- Returns relating to non-resident companies and trusts. PART 39 Assessments CHAPTER 1 Income tax and corporation tax
- Making of assessments under Schedules C, D, E and F.
- Assessments to corporation tax.
- Granting of allowances and reliefs.
- Aggregation of assessments.
- Assessment in absence of return.
- Function of certain assessors.
- Additional assessments.
- Special rules relating to assessments under Schedule E.
- Estimation of certain amounts.
- Rectification of excessive set-off, etc. of tax credit.
- Transmission to Collector-General of particulars of sums to be collected. CHAPTER 2 Provision against double assessment and relief for error or mistake
- Double assessment.
- Error or mistake. CHAPTER 3 Capital gains tax
- Making of assessments and application of income tax assessment provisions. PART 40 Appeals CHAPTER 1 Appeals against income tax and corporation tax assessments
- Prohibition on alteration of assessment except on appeal.
- Appeals against assessment.
- Procedure on appeals.
- Power to issue precepts.
- Objection by inspector or other officer to schedules.
- Confirmation and amendment of assessments.
- Questions as to assessments or schedules.
- Summoning and examination of witnesses.
- Determination of liability in cases of default.
- Statement of case for High Court.
- Appeals to Circuit Court.
- Extension of section
- Communication of decision of Appeal Commissioners. CHAPTER 2 Appeals against capital gains tax assessments
- Appeals against assessments.
- Regulations with respect to appeals. CHAPTER 3 Miscellaneous
- Appeals against determination under sections 98 to
- Appeals against amount of income tax deducted under Schedule E.
- Appeals against determinations of certain claims, etc. PART 41 Self Assessment
- Interpretation (Part 41).
- Obligation to make a return.
- Obligation to pay preliminary tax.
- Notices of preliminary tax.
- Making of assessments.
- Amendment of and time limit for assessments.
- Inspector's right to make enquiries and amend assessments.
- Appeals.
- Date for payment of tax.
- Miscellaneous (Part 41). PART 42 Collection and Recovery CHAPTER 1 Income tax
- Date for payment of income tax other than under self assessment.
- Issue of demand notes and receipts.
- Recovery by sheriff or county registrar.
- Power of Collector-General and authorised officer to sue in Circuit Court or District Court.
- Continuance of pending proceedings.
- Evidence in proceedings in Circuit Court or District Court for recovery of income tax.
- High Court proceedings.
- Evidence of electronic transmission of particulars of income tax to be collected in proceedings for recovery of tax.
- Judgments for recovery of income tax.
- Duration of imprisonment for non-payment of income tax.
- Recovery of income tax charged on profits not distrainable.
- Priority of income tax debts over other debts.
- Duty of employer as to income tax payable by employees. CHAPTER 2 Corporation tax
- Collection of corporation tax.
- Priority for corporation tax.
- Application of sections 964
(2), 980
(8)and 981 for purposes of corporation tax. CHAPTER 3 Capital gains tax
- Collection of capital gains tax.
- Recovery of capital gains tax from shareholder.
- Gifts: recovery of capital gains tax from donee.
- Time for payment of capital gains tax assessed under sections 977
(3)or 978
(2)and
(3).
- Deduction from consideration on disposal of certain assets.
- Payment by instalments where consideration due after time of disposal.
- Preferential payment. CHAPTER 4 Collection and recovery of income tax on certain emoluments (PAYE system)
- Interpretation (Chapter 4).
- Application.
- Method of collection.
- Regulations.
- Penalties for breach of regulations.
- Registration of certain persons as employers and requirement to send certain notifications.
- Estimation of tax due for income tax months.
- Estimation of tax due for year.
- Interest.
- Appeals against estimates under section 989 or
- Recovery of tax.
- Priority in bankruptcy, etc. of certain amounts.
- Priority in winding up of certain amounts.
- Treatment for tax purposes of certain unpaid remuneration.
- Supplementary provisions (Chapter 4). CHAPTER 5 Miscellaneous provisions
- Recovery of moneys due.
- Taking by Collector-General of proceedings in bankruptcy.
- Priority in bankruptcy, winding up, etc. for sums recovered or deducted under sections 531, 989 or
- Liability to tax, etc. of holder of fixed charge on book debts of company.
- Deduction from payments due to defaulters of amounts due in relation to tax.
- Payment of tax by means of donation of heritage items.
- Unremittable income.
- Unremittable gains.
- Poundage and certain other fees due to sheriffs or county registrars. PART 43 Partnerships and European Economic Interest Groupings (EEIG)
- Interpretation (Part 43).
- Separate assessment of partners.
- Partnerships involving companies.
- Capital allowances and balancing charges in partnership cases.
- Provision as to charges under section
- Modification of provisions as to appeals.
- Limited partnerships.
- Tax treatment of profits, losses and capital gains arising from activities of a European Economic Interest Grouping (EEIG). PART 44 Married, Separated and Divorced Persons CHAPTER 1 Income tax
- Interpretation (Chapter 1).
- Assessment as single persons.
- Assessment of husband in respect of income of both spouses.
- Election for assessment under section
- Assessment of wife in respect of income of both spouses.
- Special provisions relating to year of marriage.
- Repayment of tax in case of certain husbands and wives.
- Special provisions relating to tax on wife's income.
- Application for separate assessments.
- Method of apportioning reliefs and charging tax in cases of separate assessments.
- Maintenance in case of separated spouses.
- Separated and divorced persons: adaptation of provisions relating to married persons.
- Payments pursuant to certain orders under Judicial Separation and Family Law Reform Act, 1989, Family Law Act, 1995, and Family Law (Divorce) Act, 1996, to be made without deduction of income tax. CHAPTER 2 Capital gains tax
- Married persons.
- Application of section 1022 for purposes of capital gains tax.
- Separated spouses: transfers of assets.
- Divorced persons: transfers of assets. PART 45 Charging and Assessing of Non-Residents CHAPTER 1 Income tax and corporation tax
- Restrictions on certain reliefs.
- Entitlement to tax credit in respect of distributions.
- Assessment.
- Profits from agencies, etc.
- Control over residents.
- Charge on percentage of turnover.
- Merchanting profit.
- Restrictions on chargeability.
- Application of sections 1034 to 1039 for purposes of corporation tax.
- Rents payable to non-residents. CHAPTER 2 Capital gains tax
- Charging and assessment of persons not resident or ordinarily resident: modification of general rules.
- Application of sections 1034 and 1035 for purposes of capital gains tax. PART 46 Persons Chargeable in a Representative Capacity CHAPTER 1 Income tax and corporation tax
- Bodies of persons.
- Trustees, guardians and committees.
- Liability of trustees, etc.
- Liability of parents, guardians, executors and administrators.
- Assessment of executors and administrators.
- Receivers appointed by court.
- Protection for trustees, agents and receivers. CHAPTER 2 Capital gains tax
- Application of Chapter 1 for purposes of capital gains tax. PART 47 Penalties, Revenue Offences, Interest on Overdue Tax and Other Sanctions CHAPTER 1 Income tax and corporation tax penalties
- Penalties for failure to make certain returns, etc.
- Penalty for fraudulently or negligently making incorrect returns, etc.
- Increased penalties in case of body of persons.
- Penalty for assisting in making incorrect returns, etc.
- Penalty for false statement made to obtain allowance.
- Fine for obstruction of officers in execution of duties.
- Refusal to allow deduction of tax.
- Power to add penalties to assessments.
- Proceedings against executor or administrator.
- Recovery of penalties.
- Proceedings where penalty recoverable cannot be definitely ascertained.
- Time limit for recovery of fines and penalties.
- Time for certain summary proceedings.
- Mitigation and application of fines and penalties.
- False evidence: punishment as for perjury.
- Admissibility of statements and documents in criminal and tax proceedings.
- Failure to act within required time.
- Evidence of income.
- Saving for criminal proceedings. CHAPTER 2 Other corporation tax penalties
- Penalties for failure to make certain returns.
- Penalties for fraudulently or negligently making incorrect returns, etc.
- Penalties for failure to furnish particulars required to be supplied by new companies.
- Penalties for failure to give notice of liability to corporation tax.
- Penalties for failure to furnish certain information and for incorrect information.
- Supplementary provisions (Chapter 2). CHAPTER 3 Capital gains tax penalties
- Penalties for failure to make returns, etc. and for fraudulently or negligently making incorrect returns, etc. CHAPTER 4 Revenue offences
- Revenue offences.
- Duties of relevant person in relation to certain revenue offences. CHAPTER 5 Interest on overdue tax
- Interest on overdue income tax and corporation tax.
- Effect on interest of reliefs given by discharge or repayment.
- Interest on overdue income tax and corporation tax in cases of fraud or neglect.
- Application of sections 1080 to 1082 for capital gains tax purposes. CHAPTER 6 Other sanctions
- Surcharge for late returns.
- Corporation tax— late returns: restriction of certain claims for relief.
- Publication of names of tax defaulters. PART 48 Miscellaneous and Supplemental
- Charge and deduction of income tax not charged or deducted before passing of annual Act.
- Restriction on deductions in computing profits.
- Status of interest on certain unpaid taxes and duties.
- Income tax assessment to be conclusive of total income.
- Annexation of statements to interest warrants, etc.
- Disclosure of certain information to rating authorities, etc.
- Disclosure of information to Ombudsman.
- Tax clearance certificates in relation to certain licences.
- Tax clearance certificates in relation to public sector contracts.
- Assessment of Electricity Supply Board. PART 49 Commencement, Repeals, Transitional Provisions, Etc
- Commencement.
- Repeals.
- Saving for enactments not repealed.
- Consequential amendments to other enactments.
- Transitional provisions.
- Continuity and construction of certain references to old and new law.
- Continuance of officers, instruments and documents.
- Short title and construction. SCHEDULE 1 Supplementary Provisions Concerning the Extension of Charge to Tax to Profits and Income Derived from Activities Carried On and Employments Exercised on the Continental Shelf SCHEDULE 2 Machinery for Assessment, Charge and Payment of Tax under Schedule C and, in Certain Cases, Schedule D SCHEDULE 3 Reliefs in Respect of Income Tax Charged on Payments on Retirement, Etc SCHEDULE 4 Exemption of Specified Non-Commercial State Sponsored Bodies from Certain Tax Provisions SCHEDULE 5 Description of Custom House Docks Area SCHEDULE 6 Description of Temple Bar Area SCHEDULE 7 Description of Certain Enterprise Areas SCHEDULE 8 Description of Qualifying Resort Areas SCHEDULE 9 Change in Ownership of Company: Disallowance of Trading Losses SCHEDULE 10 Relief for Investment in Corporate Trades: Subsidiaries SCHEDULE 11 Profit Sharing Schemes SCHEDULE 12 Employee Share Ownership Trusts SCHEDULE 13 Accountable Persons for Purposes of Chapter 1 of Part 18 SCHEDULE 14 Capital Gains Tax: Leases SCHEDULE 15 List of Bodies for Purposes of Section 610 SCHEDULE 16 Building Societies: Change of Status SCHEDULE 17 Reorganisation Into Companies of Trustee Savings Banks SCHEDULE 18 Accounting for and Payment of Tax Deducted From Relevant Payments and Undistributed Relevant Income SCHEDULE 19 Offshore Funds: Distributing Funds SCHEDULE 20 Offshore Funds: Computation of Offshore Income Gains SCHEDULE 21 Purchase and Sale of Securities: Appropriate Amount in Respect of the Interest SCHEDULE 22 Dividends Regarded as Paid Out of Profits Accumulated Before Given Date SCHEDULE 23 Occupational Pension Schemes SCHEDULE 24 Relief From Income Tax and Corporation Tax by Means of Credit in Respect of Foreign Tax SCHEDULE 25 Convention Between The Government of Ireland and the Government of the United States of America for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion With Respect to Taxes on Income SCHEDULE 26 Replacement of Harbour Authorities by Port Companies SCHEDULE 27 Forms of Declarations to be Made by Certain Persons SCHEDULE 28 Statements, Lists and Declarations SCHEDULE 29 Provisions Referred to in Sections 1052, 1053 and 1054 SCHEDULE 30 Repeals SCHEDULE 31 Consequential Amendments SCHEDULE 32 Transitional Provisions Acts Referred to Adoption Act, 1991 1991, No. 14 Adoption Acts, 1952 to 1991 Age of Majority Act, 1985 1985, No. 2 Agricultural Act, 1931 1931, No. 8 Agricultural Acts, 1931 to 1980 Aliens Act, 1935 1935, No. 14 Army Pensions Act, 1932 1932, No. 24 Army Pensions Acts, 1923 to 1980 Assurance Companies Act, 1909 9 Edw. 7, c. 42 Auctioneers and House Agents Act, 1947 1947, No. 10 Bankers' Books Evidence Acts, 1879 and 1959 Bankruptcy Act, 1988 1988, No. 27 Betting Act, 1931 1931, No. 27 Building Societies Act, 1989 1989, No. 17 Building Societies Acts, 1874 to 1989 Capital Acquisitions Tax Act, 1976 1976, No. 8 Capital Gains Tax Act, 1975 1975, No. 20 Capital Gains Tax (Amendment) Act, 1978 1978, No. 33 Casual Trading Act, 1995 1995, No. 19 Central Bank Act, 1971 1971, No. 24 Central Fund Act, 1965 1965, No. 4 Central Fund (Permanent Provisions) Act, 1965 1965, No. 26 Charities Act, 1961 1961, No. 17 Civil Service Commissioners Act, 1956 1956, No. 45 Companies Act, 1963 1963, No. 33 Companies Act, 1990 1990, No. 33 Companies Acts, 1963 to 1990 Companies (Amendment) Act, 1983 1983, No. 13 Connaught Rangers (Pensions) Act, 1936 1936, No. 37 Connaught Rangers (Pensions) Acts, 1936 to 1964 Consumer Credit Act, 1995 1995, No. 24 Continental Shelf Act, 1968 1968, No. 14 Corporation Tax Act, 1976 1976, No. 7 Court Officers Act, 1926 1926, No. 27 Courts (Supplemental Provisions) Act, 1961 1961, No. 39 Courts Act, 1991 1991, No. 20 Courts of Justice Act, 1924 1924, No. 10 Courts of Justice Act, 1953 1953, No. 32 Criminal Assets Bureau Act, 1996 1996, No. 31 Criminal Procedure Act, 1967 1967, No. 12 Customs-Free Airport Act, 1947 1947, No. 5 Deeds of Arrangements Act, 1887 50 & 51 Vict., c. 57 Defence Act, 1954 1954, No. 18 Dentists Act, 1985 1985, No. 9 Diplomatic Relations and Immunities Act, 1967 1967, No. 8 Disclosure of Certain Information for Taxation and Other Purposes Act, 1996 1996, No. 25 Dublin Docklands Development Authority Act, 1997 1997, No. 7 Enforcement of Court Orders Act, 1926 1926, No. 18 Environmental Protection Agency Act, 1992 1992, No. 7 Export Promotion (Amendment) Act, 1987 1987, No. 13 Family Law Act, 1995 1995, No. 26 Family Law (Divorce) Act, 1996 1996, No. 33 Finance (1909-10) Act, 1910 10 Edw. 7 & 1 Geo. 5, c. 8 Finance (Excise Duties) (Vehicles) Act, 1952 1952, No. 24 Finance (Excise Duty on Tobacco Products) Act, 1977 1977, No. 32 Finance (Miscellaneous Provisions) Act, 1956 1956, No. 47 Finance (Miscellaneous Provisions) Act, 1958 1958, No. 28 Finance (Miscellaneous Provisions) Act, 1968 1968, No. 7 Finance (Profits of Certain Mines) (Temporary Relief from Taxation) Act, 1956 1956, No. 8 Finance (Taxation of Profits of Certain Mines) Act, 1974 1974, No. 17 Finance Act, 1894 57 & 58 Vict., c. 30 Finance Act, 1920 10 & 11 Geo. 5, c. 8 Finance Act, 1928 1928, No. 11 Finance Act, 1931 1931, No. 31 Finance Act, 1950 1950, No. 18 Finance Act, 1952 1952, No. 14 Finance Act, 1959 1959, No. 18 Finance Act, 1960 1960, No. 19 Finance Act, 1963 1963, No. 23 Finance Act, 1964 1964, No. 15 Finance Act, 1965 1965, No. 22 Finance Act, 1967 1967, No. 17 Finance Act, 1968 1968, No. 33 Finance (No. 2) Act, 1968 1968, No. 37 Finance Act, 1969 1969, No. 21 Finance Act, 1970 1970, No. 14 Finance (No.2) Act, 1970 1970, No. 25 Finance Act, 1971 1971, No. 23 Finance Act, 1972 1972, No. 19 Finance Act, 1973 1973, No. 19 Finance Act, 1974 1974, No. 27 Finance Act, 1975 1975, No. 6 Finance (No. 2) Act, 1975 1975, No. 19 Finance Act, 1976 1976, No. 16 Finance Act, 1977 1977, No. 18 Finance Act, 1978 1978, No. 21 Finance Act, 1979 1979, No. 11 Finance Act, 1980 1980, No. 14 Finance Act, 1981 1981, No. 16 Finance (No. 2) Act, 1981 1981, No. 28 Finance Act, 1982 1982, No. 14 Finance Act, 1983 1983, No. 15 Finance Act, 1984 1984, No. 9 Finance Act, 1985 1985, No. 10 Finance Act, 1986 1986, No. 13 Finance Act, 1987 1987, No. 10 Finance Act, 1988 1988, No. 12 Finance Act, 1989 1989, No. 10 Finance Act, 1990 1990, No. 10 Finance Act, 1991 1991, No. 13 Finance Act, 1992 1992, No. 9 Finance (No. 2) Act, 1992 1992, No. 28 Finance Act, 1993 1993, No. 13 Finance Act, 1994 1994, No. 13 Finance Act, 1995 1995, No. 8 Finance Act, 1996 1996, No. 9 Finance Act, 1997 1997, No. 22 Friendly Societies Act, 1896 59 & 60 Vict., c. 25 Friendly Societies Acts, 1896 to 1977 Gaming and Lotteries Act, 1956 1956, No. 2 Harbours Act, 1996 1996, No. 11 Health Act, 1970 1970, No. 1 Health Acts 1947 to 1996 Health Contributions Act, 1979 1979, No. 4 Higher Education Authority Act, 1971 1971, No. 22 Housing Act, 1966 1966, No. 21 Housing Finance Agency Act, 1981 1981, No. 37 Housing (Miscellaneous Provisions) Act, 1979 1979, No. 27 Income Tax Act, 1967 1967, No. 6 Income Tax (Amendment) Act, 1967 1967, No. 7 Income Tax (Amendment) Act, 1986 1986, No. 34 Industrial and Provident Societies Acts, 1893 to 1978 Industrial Development Act, 1969 1969, No. 32 Industrial Development Act, 1972 1972, No. 9 Industrial Development Act, 1986 1986, No. 9 Industrial Development Act, 1993 1993, No. 19 Industrial Development Act, 1995 1995, No. 28 Industrial Development (Amendment) Act, 1991 1991, No. 30 Industrial Development (No. 2) Act, 1981 1981, No. 14 Industrial Training (Apprenticeship Levy) Act, 1994 1994, No. 3 Insurance Act, 1936 1936, No. 45 Insurance Act, 1989 1989, No. 3 Insurance Act, 1990 1990, No. 26 Insurance Acts, 1909 to 1969 Interpretation Act, 1937 1937, No. 38 Irish Film Board Act, 1980 1980, No. 36 Irish Horseracing Industry Act, 1994 1994, No. 18 Irish Takeover Panel Act, 1997 1997, No. 5 Judicial Separation and Family Law Reform Act, 1989 1989, No. 6 Labour Services Act, 1987 1987, No. 15 Limited Partnership Act, 1907 7 Edw. 7, c. 24 Local Authorities (Higher Education) Grants Acts, 1968 to 1992 Local Government Act, 1941 1941, No. 23 Local Government Act, 1946 1946, No. 24 Local Government (Financial Provisions)(No. 2) Act, 1983 1983, No. 21 Local Government (Planning & Development) Act, 1963 1963, No. 28 Local Government (Planning & Development) Acts, 1963 to 1993 Local Government (Sanitary Services) Act, 1962 1962, No. 26 Local Government (Toll Roads) Act, 1979 1979, No. 34 Local Government Services (Corporate Bodies) Act, 1971 1971, No. 6 Maritime Jurisdiction Act, 1959 1959, No. 22 Maritime Jurisdiction (Amendment) Act, 1988 1988, No. 9 Medical Practitioners Act, 1978 1978, No. 4 Mercantile Marine Act, 1955 1955, No. 29 Merchant Shipping Acts, 1894 to 1993 Military Service Pensions Act, 1924 1924, No. 48 Military Service Pensions Act, 1934 1934, No. 43 Military Service Pensions Acts, 1924 to 1964 Minerals Developments Act, 1940 1940, No. 31 Ministerial and Parliamentary Offices Act, 1938 1938, No. 38 National Lottery Act, 1986 1986, No. 28 Official Secrets Act, 1963 1963, No. 1 Oireachtas (Allowances to Members) Act, 1938 1938, No. 34 Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1960 1960, No. 12 Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1992 1992, No. 3 Ombudsman Act, 1980 1980, No. 26 Patents Act, 1992 1992, No. 1 Pensions (Increase) Act, 1964 1964, No. 10 Petroleum and Other Minerals Development Act, 1960 1960, No. 7 Petty Sessions (Ireland) Act, 1851 14 & 15 Vict., c. 93 Policies of Assurances Act, 1867 30 & 31 Vict., c. 144 Post Office Savings Bank Act, 1861 24 & 25 Vict., c. 14 Probation of Offenders Act, 1907 7 Edw. 7, c. 17 Public Health (Ireland) Act, 1878 41 & 42 Vict., c. 52 Rates on Agricultural Land (Relief) Acts, 1939 to 1980 Redundancy Payments Act, 1967 1967, No. 21 Redundancy Payments Acts, 1967 to 1991 Regional Technical Colleges Act, 1992 1992, No. 16 Registration of Business Names Act, 1963 1963, No. 30 Road Traffic Act, 1961 1961, No. 24 Roads Act, 1920 10 & 11 Geo. 5, c. 72 Securitisation (Proceeds of Certain Mortgages) Act, 1995 1995, No. 35 Settled Land Act, 1882 45 & 46 Vict., c. 38 Shannon Free Airport Development Company Limited (Amendment) Act, 1970 1970, No. 9 Social Welfare (Consolidation) Act, 1993 1993, No. 27 Stamp Act, 1891 54 & 55 Vict., c. 39 State Property Act, 1954 1954, No. 25 Status of Children Act, 1987 1987, No. 26 Succession Act, 1965 1965, No. 27 Superannuation and Pensions Act, 1963 1963, No. 24 Temple Bar Area Renewal and Development Act, 1991 1991, No. 19 Tourist Traffic Act, 1939 1939, No. 24 Tourist Traffic Act, 1957 1957, No. 27 Tourist Traffic Acts, 1939 to 1995 Trade Union Act, 1941 1941, No. 22 Trade Union Act, 1942 1942, No. 23 Trustee Savings Banks Act, 1989 1989, No. 21 Trustee Savings Banks Acts, 1863 to 1989 Údarás na Gaeltachta Act,
- 1979, No. 5 Unit Trusts Act, 1972 1972, No. 17 Unit Trusts Act, 1990 1990, No. 37 Urban Renewal Act, 1986 1986, No. 19 Value-Added Tax Act, 1972 1972, No. 22 Value-Added Tax Acts, 1972 to 1997 Vocational Education Act, 1930 1930, No. 29 Vocational Education Acts, 1930 to 1993 Voluntary Health Insurance Act, 1957 1957, No. 1 Waiver of Certain Tax, Interest and Penalties Act, 1993 1993, No. 24 Wealth Tax Act, 1975 1975, No. 25 Youth Employment Agency Act, 1981 1981, No. 32 Finance Act, 1929 No. 32 of 1929 Finance Act, 1958 No. 25 of 1958 Finance (No. 2) Act, 1959 No. 42 of 1959 Finance Act, 1923 No. 21 of 1923 Finance Act, 1924 No. 27 of 1924 Income Tax (Employments) Regulations, 1960 S.I. No. 28 of 1960 (Unemployment Benefit and Pay-Related Benefit) Order, 1994 S.I. No. 19 of 1994 Ireland (Designation and Immunities) Order, 1986 S.I. No. 394 of 1986 Road Traffic (Public Service Vehicles) Regulations, 1963 S.I. No. 191 of 1963 European Communities (European Economic Interest Groupings) Regulations, 1989 S.I. No. 191 of 1989 Income Tax (Construction Contracts) Regulations, 1971 S.I. No. 1 of 1971 Income Tax (Rent Relief) Regulations, 1982 S.I. No. 318 of 1982 European Communities (Fresh Meat) Regulations, 1987 S.I. No. 284 of 1987 European Communities (Common Agricultural Policy) (Market Intervention) Regulations, 1973 S.I. No. 24 of 1973 Social Welfare (Consolidated Contributions and Insurability) Regulations, 1996 S.I. No. 312 of 1996 Housing (Improvement Grants) Regulations, 1983 S.I. No. 330 of 1983 (Establishment of Interim Board) Order, 1994 S.I. No. 408 of 1994 European Communities (Retirement of Farmers) Regulations, 1974 S.I. No. 116 of 1974 European Communities (Undertakings for Collective Investment in Transferable Securities) Regulations, 1989 S.I. No. 78 of 1989 (Taxes on Income and Capital Gains) (United Kingdom) Order, 1976 S.I. No. 319 of 1976 European Communities (Intrastat) Regulations, 1993 S.I. No. 136 of 1993 Imposition of Duties (No. 221) (Excise Duties) Order, 1975 S.I. No. 307 of 1975 General Medical Services (Payments) Board (Establishment) Order, 1972 S.I. No. 184 of 1972 Income Tax (Purchased Life Annuities) Regulations, 1959 S.I. No. 152 of 1959 Value-Added Tax Regulations, 1979 S.I. No. 63 of 1979 Health Contribution Regulations, 1979 S.I. No. 107 of 1979 Youth Employment Levy Regulations 1982 S.I. No. 84 of 1982 Health Contributions (Amendment) Regulations, 1988 S.I. No. 51 of 1988 Number 39 of 1997 TAXES CONSOLIDATION ACT. 1997 AN ACT TO CONSOLIDATE ENACTMENTS RELATING TO INCOME TAX, CORPORATION TAX AND CAPITAL GAINS TAX, INCLUDING CERTAIN ENACTMENTS RELATING ALSO TO OTHER TAXES AND DUTIES. [30th November, 1997] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: INTERPRETATION AND BASIC CHARGING PROVISIONS PART 1 Interpretation Interpretation of this Act. [ITA67 s3; FA74 s86 and Sch2 PtI; CTA76 s155
(1)and
(2); CGT(A)78 s1
(1); FA80 s9] 1.—
(1)In this Act, except where the context otherwise requires, “repealed enactments” has the meaning assigned to it by section 1098 .
(2)In this Act and in any Act passed after this Act, except where the context otherwise requires— “the Capital Gains Tax Acts” means the enactments relating to capital gains tax in this Act and in any other enactment; “the Corporation Tax Acts” means the enactments relating to corporation tax in this Act and in any other enactment, together with the Income Tax Acts in so far as those Acts apply for the purposes of corporation tax; “the Income Tax Acts” means the enactments relating to income tax in this Act and in any other enactment; “the Tax Acts” means the Income Tax Acts and the Corporation Tax Acts.
(3)References in this Act to any enactment shall, except where the context otherwise requires, be construed as references to that enactment as amended or extended by any subsequent enactment.
(4)In this Act a reference to a Part, section or Schedule is to a Part or section of, or Schedule to, this Act, unless it is indicated that reference to some other enactment is intended.
(5)In this Act a reference to a subsection, paragraph, subparagraph, clause or subclause is to the subsection, paragraph, subparagraph, clause or subclause of the provision (including a Schedule) in which the reference occurs, unless it is indicated that reference to some other provision is intended. Interpretation of Tax Acts. [ITA67 s1
(1); CTA76 s155
(3)to
(5)and s171; F(MP)A68 s3
(2)and Sch PtI; FA74 s1; FA75 s33
(1); FA77 s41
(1); FA97 s146
(1)and Sch9 PtI par1
(1)] 2.—
(1)In the Tax Acts, except where otherwise provided or the context otherwise requires— “Appeal Commissioners” has the meaning assigned to it by section 850 ; “body of persons” means any body politic, corporate or collegiate, and any company, fraternity, fellowship and society of persons, whether corporate or not corporate; “capital allowance” means any allowance (other than an allowance or deduction to be made in computing profits or gains) under— (
- a)Part 9, (
- b)section 658, (
- c)Chapter 1 of Part 24, or (
- d)Part 29, and “capital allowances” shall be construed accordingly; “Clerk to the Appeal Commissioners” means the person for the time being authorised by the Appeal Commissioners to act as such; “Collector-General” means the Collector-General appointed under section 851 ; “inspector” means an inspector of taxes appointed under section 852 ; “local authority” means— (
- a)the corporation of a county or other borough, (
- b)the council of a county, or (
- c)the council of an urban district; “ordinary share capital”, in relation to a company, means all the issued share capital (by whatever name called) of the company, other than capital the holders of which have a right to a dividend at a fixed rate, but have no other right to share in the profits of the company; “profession” includes vocation; “resident” and “ordinarily resident”, in relation to an individual, shall be construed in accordance with Part 34 ; “statute” has the same meaning as in section 3 of the Interpretation Act, 1937 ; “tax credit” means a credit under section 136 ; “year of assessment” means a year for which income tax is imposed by any Act imposing duties of income tax; “the year 1997-98” means the year of assessment beginning on the 6th day of April, 1997, and any corresponding expression in which 2 years are similarly mentioned means the year of assessment beginning on the 6th day of April in the first-mentioned of those 2 years; a source of income is within the charge to corporation tax or income tax if that tax is chargeable on the income arising from it, or would be so chargeable if there were any such income, and references to a person, or to income, being within the charge to tax, shall be similarly construed.
(2)Except where the context otherwise requires, in the Tax Acts, and in any enactment passed after this Act which by an express provision is to be construed as one with those Acts, “tax”, where neither income tax nor corporation tax is specified, means either of those taxes.
(3)Subsection
(2)is without prejudice to section 76 (which applies income tax law for certain purposes of corporation tax), and accordingly the use of “income tax” rather than “tax” in any provision of the Income Tax Acts is not a conclusive indication that that provision is not applied to corporation tax by section 76.
(4)In the Tax Acts (other than sections 24 , 25 and 239 ), except where the context otherwise requires— (
- a)references to income tax paid by a person by deduction shall be construed as including references to a tax credit to which the person is entitled, and (
- b)references to repayment of income tax shall be construed as including references to payment of a tax credit. Interpretation of Income Tax Acts. [ITA67 s1
(1)and s2; FA69 s65 and Sch5; FA74 s1; CGTA75 s2
(5); FA91 s2
(3)and Sch1 PtI par1; FA93 s2
(2)and Sch1 PtI; FA94 s2
(2); FA96 s132
(1)and Sch5 PtI par1
(1)] 3.—
(1)In the Income Tax Acts, except where otherwise provided or the context otherwise requires— “higher rate”, in relation to tax, means the rate of tax known by that description and provided for in section 15 ; “incapacitated person” means any minor or person of unsound mind; “relative” includes any person of whom the person claiming a deduction had the custody and whom he or she maintained at his or her own expense while that person was under the age of 16 years; “standard rate”, in relation to tax, means the rate of tax known by that description and provided for in section 15 ; “tax” means income tax; “taxable income” has the meaning assigned to it by section 458 ; “total income” means total income from all sources as estimated in accordance with the Income Tax Acts; “trade” includes every trade, manufacture, adventure or concern in the nature of trade.
(2)(a) Subject to subsection
(3), in the Income Tax Acts, “earned income”, in relation to an individual, means— (
- i)any income arising in respect of any remuneration from any office or employment of profit held by the individual, or in respect of any pension, superannuation or other allowance, deferred pay, or compensation for loss of office, given in respect of the past services of the individual or of the husband or parent of the individual in any office or employment of profit, or given to the individual in respect of the past services of any deceased person, whether or not the individual or husband or parent of the individual shall have contributed to such pension, superannuation allowance or deferred pay, (
- ii)any income from any property which is attached to or forms part of the emoluments of any office or employment of profit held by the individual, and (iii) any income charged under Schedule D and immediately derived by the individual from the carrying on or exercise by the individual of his or her trade or profession, either as an individual or, in the case of a partnership, as a partner personally acting in the partnership. (
- b)In cases where the profits of a wife are deemed to be profits of the husband, any reference in this subsection to an individual includes either the husband or the wife.
(3)Without prejudice to the generality of subsection
(2), in the Income Tax Acts, except where otherwise expressly provided, “earned income” includes— (
- a)any annuity made payable to an individual under the terms of an annuity contract or trust scheme for the time being approved by the Revenue Commissioners for the purposes of Chapter 2 of Part 30 to the extent to which such annuity is payable in return for any amount on which relief is given under section 787 , and (
- b)any payment or other sum which is or is deemed to be income chargeable to tax under Schedule E for any purpose of the Income Tax Acts.
(4)References to profits or gains in the Income Tax Acts shall not include references to chargeable gains within the meaning of the Capital Gains Tax Acts. Interpretation of Corporation Tax Acts. [CTA76 s1
(5)(a) to (d), s155
(5),
(9),
(10),
(11),
(12)and
(13); FA86 s57
(1); FA90 s29
(4); FA93 s42; FA97 s37
(1)] 4.—
(1)In the Corporation Tax Acts, except where the context otherwise requires— “accounting date” means the date to which a company makes up its accounts, and “period of account” means the period for which a company does so; “allowable loss” does not include, for the purposes of corporation tax in respect of chargeable gains, a loss accruing to a company in such circumstances that if a gain accrued the company would be exempt from corporation tax in respect of the gain; “branch or agency” means any factorship, agency, receivership, branch or management; “chargeable gain” has the same meaning as in the Capital Gains Tax Acts, but does not include a gain accruing on a disposal made before the 6th day of April, 1976; “charges on income” has the meaning assigned to it by section 243
(1); “close company” has the meaning assigned to it by sections 430 and 431 ; “company” means any body corporate and includes a trustee savings bank within the meaning of the Trustee Savings Banks Act, 1989 , but does not include— (
- a)a health board, (
- b)a grouping within the meaning of section 1014 , (
- c)a vocational educational committee established under the Vocational Education Act, 1930 , (
- d)a committee of agriculture established under the Agriculture Act, 1931 , or (
- e)a local authority, and for this purpose “local authority” has the meaning assigned to it by section 2
(2)of the Local Government Act, 1941 , and includes a body established under the Local Government Services (Corporate Bodies) Act, 1971 ; “distribution” has the meaning assigned to it by Chapter 2 of Part 6 and sections 436 and 437 ; “the financial year” followed by a reference to the year 1996 or any other year means the year beginning on the 1st day of January of such year; “franked investment income” and “franked payment” shall be construed in accordance with section 156 ; “group relief” has the meaning assigned to it by section 411 ; “interest” means both annual or yearly interest and interest other than annual or yearly interest; “preference dividend” means a dividend payable on a preferred share or preferred stock at a fixed rate per cent or, where a dividend is payable on a preferred share or preferred stock partly at a fixed rate per cent and partly at a variable rate, such part of that dividend as is payable at a fixed rate per cent; “profits” means income and chargeable gains; “standard credit rate” for a year of assessment means 21 per cent, and accordingly “standard credit rate per cent” for a year of assessment means 21; “standard rate per cent” for a year of assessment means 26 where the standard rate for that year is 26 per cent and similarly as regards any reference to the standard rate per cent for a year of assessment for which the standard rate is other than 26 per cent; “trade” includes vocation and includes also an office or employment.
(2)Except where otherwise provided by the Corporation Tax Acts and except where the context otherwise requires, words and expressions used in the Income Tax Acts have the same meaning in the Corporation Tax Acts as in those Acts; but no provision of the Corporation Tax Acts as to the interpretation of any word or expression, other than a provision expressed to extend to the use of that word or expression in the Income Tax Acts, shall be taken to affect its meaning in those Acts as they apply for the purposes of corporation tax.
(3)References in the Corporation Tax Acts to distributions or payments received by a company apply to any distributions or payments received by another person on behalf of or in trust for the company but not to any distributions or payments received by the company on behalf of or in trust for another person.
(4)References in the Corporation Tax Acts to— (
- a)profits brought into charge to corporation tax are references to the amount of those profits chargeable to corporation tax before any deduction from those profits for charges on income, expenses of management or other amounts which can be deducted from or set against or treated as reducing profits of more than one description, (
- b)total income brought into charge to corporation tax are references to the amount, calculated before any deduction mentioned in paragraph (a), of the total income from all sources included in any profits brought into charge to corporation tax, and (
- c)an amount of profits on which corporation tax falls finally to be borne are references to the amount of those profits after making all deductions and giving all reliefs that for the purposes of corporation tax are made or given from or against those profits, including deductions and reliefs which under any provision are treated as reducing them for those purposes.
(5)For the purposes of the Corporation Tax Acts, except where otherwise provided, dividends shall be treated as paid on the date when they become due and payable.
(6)Except where otherwise provided by the Corporation Tax Acts, any apportionment to different periods to be made under the Corporation Tax Acts shall be made on a time basis according to the respective lengths of those periods. Interpretation of Capital Gains Tax Acts. [CGTA75 s2
(1),
(3)and
(4); CTA76 s140
(2)and Sch2 PtII par1; FA80 s61(a); FA90 s29
(3); FA97 s146
(1)and Sch9 PtI par9
(1)] 5.—
(1)In the Capital Gains Tax Acts, except where the context otherwise requires— “Appeal Commissioners” has the meaning assigned to it by section 850 ; “body of persons” has the same meaning as in section 2 ; “branch or agency” means any factorship, agency, receivership, branch or management, but does not include the brokerage or agency of a broker or agent referred to in section 1039 ; “local authority” has the meaning assigned to it by section 2
(2)of the Local Government Act, 1941 , and includes a body established under the Local Government Services (Corporate Bodies) Act, 1971 ; “allowable loss” has the meaning assigned to it by section 546 ; “capital allowance” means any allowance under the provisions of the Tax Acts which relate to allowances in respect of capital expenditure, and includes an allowance under section 284 ; “chargeable gain” has the same meaning as in section 545 ; “charity” has the same meaning as in section 208 ; “class”, in relation to shares or securities, means a class of shares or securities of any one company; “close company” has the meaning assigned to it by section 430 ; “company” means any body corporate, but does not include a grouping within the meaning of section 1014 ; “control” shall be construed in accordance with section 432 ; “inspector” means an inspector of taxes appointed under section 852 ; “land” includes any interest in land; “lease”— (
- a)in relation to land, includes an underlease, sub-lease or any tenancy or licence, and any agreement for a lease, underlease, sub-lease or tenancy or licence and, in the case of land outside the State, any interest corresponding to a lease as so defined, and (
- b)in relation to any description of property other than land, means any kind of agreement or arrangement under which payments are made for the use of, or otherwise in respect of, property, and “lessor”, “lessee” and “rent” shall be construed accordingly; “legatee” includes any person taking under a testamentary disposition or an intestacy or partial intestacy or by virtue of the Succession Act, 1965 , or by survivorship, whether such person takes beneficially or as trustee, and a person taking under a donatio mortis causa shall be treated as a legatee and such person's acquisition as made at the time of the donor's death and, for the purposes of this definition and of any reference to a person acquiring an asset as legatee, property taken under a testamentary disposition or on an intestacy or partial intestacy or by virtue of the Succession Act, 1965 , includes any asset appropriated by the personal representatives in or towards the satisfaction of a pecuniary legacy or any other interest or share in the property devolving under the disposition or intestacy or by virtue of the Succession Act, 1965 ; “market value” shall be construed in accordance with section 548 ; “minerals” has the same meaning as in section 3 of the Minerals Development Act, 1940 ; “mining” means mining operations in the State for the purpose of obtaining, whether by underground or surface working, any minerals; “part disposal” has the meaning assigned to it by section 534 ; “personal representative” has the same meaning as in section 799 ; “prescribed” means prescribed by the Revenue Commissioners; “profession” includes vocation; “resident” and “ordinarily resident”, in relation to an individual, shall be construed in accordance with Part 34 ; “settled property” means any property held in trust other than property to which section 567 applies, but does not include any property held by a trustee or assignee in bankruptcy or under a deed of arrangement; “settlement” and “settlor” have the same meanings respectively as in section 10 , and “settled property” shall be construed accordingly; “shares” includes stock, and shares or debentures comprised in any letter of allotment or similar instrument shall be treated as issued unless the right to the shares or debentures conferred by such letter or instrument remains provisional until accepted and there has been no acceptance; “trade” has the same meaning as in the Income Tax Acts; “trading stock” has the same meaning as in section 89 ; “unit trust” means any arrangements made for the purpose, or having the effect, of providing facilities for the participation by the holders of units, as beneficiaries under a trust, in profits or income arising from the acquisition, holding, management or disposal of securities or any other property whatever; “units”, in relation to a unit trust, means any units (whether described as units or otherwise) into which are divided the beneficial interests in the assets subject to the trusts of a unit trust; “unit holder”, in relation to a unit trust, means a holder of units of the unit trust; “wasting asset” has the meaning assigned to it by section 560 and paragraph 2 of Schedule 14 ; “year of assessment”, in relation to capital gains tax, means a year beginning on the 6th day of April; “the year 1997-98” means the year of assessment beginning on the 6th day of April, 1997, and any corresponding expression in which 2 years are similarly mentioned means the year of assessment beginning on the 6th day of April in the first-mentioned of those 2 years.
(2)(a) References in the Capital Gains Tax Acts to a married woman living with her husband shall be construed in accordance with section 1015
(2). (b) For the purposes of paragraph (a), the reference in section 1015
(2)to a wife shall be construed as a reference to a married woman.
(3)Any provision in the Capital Gains Tax Acts introducing the assumption that assets are sold and immediately reacquired shall not imply that any expenditure is incurred as incidental to the sale or reacquisition. Construction of references to child in Tax Acts and Capital Gains Tax Acts. [FA77 s36; FA92 s16] 6.—For the purposes of the Tax Acts and the Capital Gains Tax Acts, except where the contrary intention appears— (
- a)references in any of those Acts to a child (including references to a son or a daughter) include references to— (
- i)a stepchild, and (
- ii)a child who is— (I) adopted under the Adoption Acts, 1952 to 1991, or (II) the subject of a foreign adoption (within the meaning of section 1 of the Adoption Act, 1991 ) which is deemed to have been effected by a valid adoption order made under the Adoption Acts, 1952 to 1991, and (
- b)the relationship between a child referred to in paragraph (a)(
- ii)and any other person, or between other persons, that would exist if such child had been born to the child's adoptor or adoptors in lawful wedlock, shall be deemed to exist between such child and that other person, or between those other persons, and the relationship of any such child and any person that existed prior to the child being so adopted shall be deemed to have ceased, and “adopted child” shall be construed in accordance with this section. Application to certain taxing statutes of Age of Majority Act, 1985. [FA86 s112
(1)and
(2)] 7.—
(1)Notwithstanding subsection
(4)of section 2 of the Age of Majority Act, 1985 (in this section referred to as “the Act of 1985”), subsections
(2)and
(3)of that section shall, subject to subsection
(2), apply for the purposes of the Income Tax Acts and any other statutory provision (within the meaning of the Act of 1985) dealing with the imposition, repeal, remission, alteration or regulation of any tax or other duty under the care and management of the Revenue Commissioners, and accordingly section 2
(4)(b)(vii) of the Act of 1985 shall cease to apply.
(2)Nothing in subsection
(1)shall affect a claimant's entitlement to a deduction under section 462 or 465 . Construction of certain taxing statutes in accordance with Status of Children Act, 1987. [FA88 s74
(1)and
(2)] 8.—
(1)In this section, “the Acts” means— (
- a)the Tax Acts, (
- b)the Capital Gains Tax Acts, (
- c)the Capital Acquisitions Tax Act, 1976 , and the enactments amending or extending that Act, and (
- d)the statutes relating to stamp duty, and any instruments made thereunder.
(2)Notwithstanding any provision of the Acts or the dates on which they were passed, in deducing any relationship between persons for the purposes of the Acts, the Acts shall be construe