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Taxes Consolidation Act, 1997

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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).

776.

Certain statutory schemes: exemptions and reliefs.

777.

Charge to income tax in respect of certain relevant benefits provided for employees.

778.

Exceptions to charge to tax under section 777.

779.

Charge to income tax of pensions under Schedule E.

780.

Charge to income tax on repayment of employees' contributions.

781.

Charge to income tax: commutation of entire pension.

782.

Charge to tax: repayments to employer.

CHAPTER 2

Retirement annuities

783.

Interpretation and general (Chapter 2).

784.

Retirement annuities: relief for premiums.

785.

Approval of contracts for dependants or for life assurance.

786.

Approval of certain other contracts.

787.

Nature and amount of relief for qualifying premiums.

CHAPTER 3

Purchased life annuities

788.

Capital element in certain purchased annuities.

789.

Supplementary provisions (Chapter 3).

CHAPTER 4

Miscellaneous

790.

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

791.

Income under revocable dispositions.

792.

Income under dispositions for short periods.

793.

Recovery of tax from trustee and payment to trustee of excess tax recoupment.

CHAPTER 2

Settlements on children generally

794.

Interpretation and application (Chapter 2).

795.

Income settled on children.

796.

Irrevocable instruments.

797.

Recovery of tax from trustee and payment to trustee of excess tax recoupment.

798.

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

799.

Interpretation (Chapter 1).

800.

Limited interest in residue.

801.

Absolute interest in residue.

802.

Supplementary provisions as to absolute interest in residue.

803.

Special provisions as to certain interests.

804.

Adjustments and information.

CHAPTER 2

Surcharge on certain income of trustees

805.

Surcharge on certain income of trustees.

PART 33

Anti-Avoidance

CHAPTER 1

Transfer of assets abroad

806.

Charge to income tax on transfer of assets abroad.

807.

Deductions and reliefs in relation to income chargeable to income tax under section 806.

808.

Power to obtain information.

809.

Saver.

810.

Application of Income Tax Acts.

CHAPTER 2

Miscellaneous

811.

Transactions to avoid liability to tax.

812.

Taxation of income deemed to arise from transfers of right to receive interest from securities.

813.

Taxation of transactions associated with loans or credit.

814.

Taxation of income deemed to arise from transactions in certificates of deposit and assignable deposits.

815.

Taxation of income deemed to arise on certain sales of securities.

816.

Taxation of shares issued in place of cash dividends.

817.

Schemes to avoid liability to tax under Schedule F.

PART 34

Provisions Relating to the Residence of Individuals

818.

Interpretation (Part 34).

819.

Residence.

820.

Ordinary residence.

821.

Application of sections 17 and 18(1) and Chapter 1 of Part 3.

822.

Split year residence.

823.

Deduction for income earned outside the State.

824.

Appeals.

825.

Residence treatment of donors of gifts to the State.

PART 35

Double Taxation Relief

CHAPTER 1

Principal reliefs

826.

Agreements for relief from double taxation.

827.

Application to corporation tax of arrangements made in relation to corporation profits tax under old law.

828.

Capital gains tax: double taxation relief.

829.

Treatment for double taxation relief purposes of foreign tax incentive reliefs.

CHAPTER 2

Miscellaneous

830.

Relief to certain companies liable to foreign tax.

831.

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.

832.

Provisions in relation to Convention for reciprocal avoidance of double taxation in the State and the United Kingdom of income and capital gains.

833.

Convention with United States of America.

834.

Relief in respect of ships documented under laws of United States of America.

835.

Saver for arrangements made under section 362 of Income Tax Act, 1967.

PART 36

Miscellaneous Special Provisions

836.

Allowances for expenses of members of Oireachtas.

837.

Members of the clergy and ministers of religion.

838.

Special portfolio investment accounts.

839.

Limits to special investments.

840.

Business entertainment.

841.

Voluntary Health Insurance Board: restriction of certain losses and deemed disposal of certain assets.

842.

Replacement of harbour authorities by port companies.

843.

Capital allowances for buildings used for third level educational purposes.

844.

Companies carrying on mutual business or not carrying on a business.

845.

Corporation tax: treatment of tax-free income of non-resident banks, insurance businesses, etc.

846.

Tax-free securities: exclusion of interest on borrowed money.

847.

Tax relief for certain branch profits.

848.

Designated charities: repayment of tax in respect of donations.

MANAGEMENT PROVISIONS

PART 37

Administration

849.

Taxes under care and management of Revenue Commissioners.

850.

Appeal Commissioners.

851.

Collector-General.

852.

Inspectors of taxes.

853.

Governor and directors of Bank of Ireland.

854.

Appointment of persons for purposes of assessment of certain public offices.

855.

Declaration to be made by Commissioners.

856.

Disqualification of Commissioners in cases of personal interest.

857.

Declarations on taking office.

858.

Evidence of authorisation.

859.

Anonymity of authorised officers in relation to certain matters.

860.

Administration of oaths.

861.

Documents to be in accordance with form prescribed by Revenue Commissioners.

862.

Exercise of powers, etc. of Minister for Finance under Tax Acts.

863.

Loss, destruction or damage of assessments and other documents.

864.

Making of claims, etc.

865.

Limit of time for repayment claims.

866.

Rules as to delivery of statements.

867.

Amendment of statutory forms.

868.

Execution of warrants.

869.

Delivery, service and evidence of notices and forms.

870.

Effect of want of form, error, etc. on assessments, charges, warrants and other proceedings.

871.

Power to combine certain returns and assessments.

872.

Use of information relating to other taxes and duties.

873.

Proof that person is a Commissioner or officer.

874.

Limitation of penalties on officers employed in execution of Tax Acts and Capital Gains Tax Acts.

875.

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

876.

Notice of liability to income tax.

877.

Returns by persons chargeable.

878.

Persons acting for incapacitated persons and non-residents.

879.

Returns of income.

880.

Partnership returns.

881.

Returns by married persons.

CHAPTER 2

Corporation tax: returns of profits

882.

Particulars to be supplied by new companies.

883.

Notice of liability to corporation tax.

884.

Returns of profits.

CHAPTER 3

Other obligations and returns

885.

Obligation to show tax reference number on receipts.

886.

Obligation to keep certain records.

887.

Use of electronic data processing.

888.

Returns, etc. by lessors, lessees and agents.

889.

Returns of fees, commissions, etc. paid by certain persons.

890.

Returns by persons in receipt of income belonging to others.

891.

Returns of interest paid or credited without deduction of tax.

892.

Returns by nominee holders of securities.

893.

Returns by certain intermediaries in relation to UCITS.

894.

Returns of certain information by third parties.

895.

Returns in relation to foreign accounts.

896.

Returns in relation to material interest in offshore funds.

897.

Returns of employees' emoluments, etc.

898.

Returns of copies of rates and production of certain valuations.

CHAPTER 4

Revenue powers

899.

Inspector's right to make enquiries.

900.

Power to require production of accounts and books.

901.

Power to require delivery of books and papers relating to tax.

902.

Power to obtain from certain persons particulars of transactions with and documents concerning tax liability of taxpayer.

903.

Power of inspection: PAYE.

904.

Power of inspection: tax deduction from payments to certain subcontractors.

905.

Inspection of documents and records.

906.

Authorised officers and Garda Síochána.

907.

Application to Appeal Commissioners seeking determination that authorised officer justified in requiring information to be furnished by financial institutions.

908.

Application to High Court seeking order requiring information to be furnished by financial institutions.

909.

Power to require return of property.

910.

Power to obtain information from Minister of the Government.

911.

Valuation of assets: power to inspect.

912.

Computer documents and records.

CHAPTER 5

Capital gains tax: returns, information, etc.

913.

Application of income tax provisions relating to returns, etc.

914.

Returns by issuing houses, stockbrokers, auctioneers, etc.

915.

Returns by nominee shareholders.

916.

Returns by party to a settlement.

917.

Returns relating to non-resident companies and trusts.

PART 39

Assessments

CHAPTER 1

Income tax and corporation tax

918.

Making of assessments under Schedules C, D, E and F.

919.

Assessments to corporation tax.

920.

Granting of allowances and reliefs.

921.

Aggregation of assessments.

922.

Assessment in absence of return.

923.

Function of certain assessors.

924.

Additional assessments.

925.

Special rules relating to assessments under Schedule E.

926.

Estimation of certain amounts.

927.

Rectification of excessive set-off, etc. of tax credit.

928.

Transmission to Collector-General of particulars of sums to be collected.

CHAPTER 2

Provision against double assessment and relief for error or mistake

929.

Double assessment.

930.

Error or mistake.

CHAPTER 3

Capital gains tax

931.

Making of assessments and application of income tax assessment provisions.

PART 40

Appeals

CHAPTER 1

Appeals against income tax and corporation tax assessments

932.

Prohibition on alteration of assessment except on appeal.

933.

Appeals against assessment.

934.

Procedure on appeals.

935.

Power to issue precepts.

936.

Objection by inspector or other officer to schedules.

937.

Confirmation and amendment of assessments.

938.

Questions as to assessments or schedules.

939.

Summoning and examination of witnesses.

940.

Determination of liability in cases of default.

941.

Statement of case for High Court.

942.

Appeals to Circuit Court.

943.

Extension of section 941.

944.

Communication of decision of Appeal Commissioners.

CHAPTER 2

Appeals against capital gains tax assessments

945.

Appeals against assessments.

946.

Regulations with respect to appeals.

CHAPTER 3

Miscellaneous

947.

Appeals against determination under sections 98 to 100.

948.

Appeals against amount of income tax deducted under Schedule E.

949.

Appeals against determinations of certain claims, etc.

PART 41

Self Assessment

950.

Interpretation (Part 41).

951.

Obligation to make a return.

952.

Obligation to pay preliminary tax.

953.

Notices of preliminary tax.

954.

Making of assessments.

955.

Amendment of and time limit for assessments.

956.

Inspector's right to make enquiries and amend assessments.

957.

Appeals.

958.

Date for payment of tax.

959.

Miscellaneous (Part 41).

PART 42

Collection and Recovery

CHAPTER 1

Income tax

960.

Date for payment of income tax other than under self assessment.

961.

Issue of demand notes and receipts.

962.

Recovery by sheriff or county registrar.

963.

Power of Collector-General and authorised officer to sue in Circuit Court or District Court.

964.

Continuance of pending proceedings.

965.

Evidence in proceedings in Circuit Court or District Court for recovery of income tax.

966.

High Court proceedings.

967.

Evidence of electronic transmission of particulars of income tax to be collected in proceedings for recovery of tax.

968.

Judgments for recovery of income tax.

969.

Duration of imprisonment for non-payment of income tax.

970.

Recovery of income tax charged on profits not distrainable.

971.

Priority of income tax debts over other debts.

972.

Duty of employer as to income tax payable by employees.

CHAPTER 2

Corporation tax

973.

Collection of corporation tax.

974.

Priority for corporation tax.

975.

Application of sections 964(2), 980(8) and 981 for purposes of corporation tax.

CHAPTER 3

Capital gains tax

976.

Collection of capital gains tax.

977.

Recovery of capital gains tax from shareholder.

978.

Gifts: recovery of capital gains tax from donee.

979.

Time for payment of capital gains tax assessed under sections 977(3) or 978(2) and (3).

980.

Deduction from consideration on disposal of certain assets.

981.

Payment by instalments where consideration due after time of disposal.

982.

Preferential payment.

CHAPTER 4

Collection and recovery of income tax on certain emoluments (PAYE system)

983.

Interpretation (Chapter 4).

984.

Application.

985.

Method of collection.

986.

Regulations.

987.

Penalties for breach of regulations.

988.

Registration of certain persons as employers and requirement to send certain notifications.

989.

Estimation of tax due for income tax months.

990.

Estimation of tax due for year.

991.

Interest.

992.

Appeals against estimates under section 989 or 990.

993.

Recovery of tax.

994.

Priority in bankruptcy, etc. of certain amounts.

995.

Priority in winding up of certain amounts.

996.

Treatment for tax purposes of certain unpaid remuneration.

997.

Supplementary provisions (Chapter 4).

CHAPTER 5

Miscellaneous provisions

998.

Recovery of moneys due.

999.

Taking by Collector-General of proceedings in bankruptcy.

1000.

Priority in bankruptcy, winding up, etc. for sums recovered or deducted under sections 531, 989 or 990.

1001.

Liability to tax, etc. of holder of fixed charge on book debts of company.

1002.

Deduction from payments due to defaulters of amounts due in relation to tax.

1003.

Payment of tax by means of donation of heritage items.

1004.

Unremittable income.

1005.

Unremittable gains.

1006.

Poundage and certain other fees due to sheriffs or county registrars.

PART 43

Partnerships and European Economic Interest Groupings (EEIG)

1007.

Interpretation (Part 43).

1008.

Separate assessment of partners.

1009.

Partnerships involving companies.

1010.

Capital allowances and balancing charges in partnership cases.

1011.

Provision as to charges under section 757.

1012.

Modification of provisions as to appeals.

1013.

Limited partnerships.

1014.

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

1015.

Interpretation (Chapter 1).

1016.

Assessment as single persons.

1017.

Assessment of husband in respect of income of both spouses.

1018.

Election for assessment under section 1017.

1019.

Assessment of wife in respect of income of both spouses.

1020.

Special provisions relating to year of marriage.

1021.

Repayment of tax in case of certain husbands and wives.

1022.

Special provisions relating to tax on wife's income.

1023.

Application for separate assessments.

1024.

Method of apportioning reliefs and charging tax in cases of separate assessments.

1025.

Maintenance in case of separated spouses.

1026.

Separated and divorced persons: adaptation of provisions relating to married persons.

1027.

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

1028.

Married persons.

1029.

Application of section 1022 for purposes of capital gains tax.

1030.

Separated spouses: transfers of assets.

1031.

Divorced persons: transfers of assets.

PART 45

Charging and Assessing of Non-Residents

CHAPTER 1

Income tax and corporation tax

1032.

Restrictions on certain reliefs.

1033.

Entitlement to tax credit in respect of distributions.

1034.

Assessment.

1035.

Profits from agencies, etc.

1036.

Control over residents.

1037.

Charge on percentage of turnover.

1038.

Merchanting profit.

1039.

Restrictions on chargeability.

1040.

Application of sections 1034 to 1039 for purposes of corporation tax.

1041.

Rents payable to non-residents.

CHAPTER 2

Capital gains tax

1042.

Charging and assessment of persons not resident or ordinarily resident: modification of general rules.

1043.

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

1044.

Bodies of persons.

1045.

Trustees, guardians and committees.

1046.

Liability of trustees, etc.

1047.

Liability of parents, guardians, executors and administrators.

1048.

Assessment of executors and administrators.

1049.

Receivers appointed by court.

1050.

Protection for trustees, agents and receivers.

CHAPTER 2

Capital gains tax

1051.

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

1052.

Penalties for failure to make certain returns, etc.

1053.

Penalty for fraudulently or negligently making incorrect returns, etc.

1054.

Increased penalties in case of body of persons.

1055.

Penalty for assisting in making incorrect returns, etc.

1056.

Penalty for false statement made to obtain allowance.

1057.

Fine for obstruction of officers in execution of duties.

1058.

Refusal to allow deduction of tax.

1059.

Power to add penalties to assessments.

1060.

Proceedings against executor or administrator.

1061.

Recovery of penalties.

1062.

Proceedings where penalty recoverable cannot be definitely ascertained.

1063.

Time limit for recovery of fines and penalties.

1064.

Time for certain summary proceedings.

1065.

Mitigation and application of fines and penalties.

1066.

False evidence: punishment as for perjury.

1067.

Admissibility of statements and documents in criminal and tax proceedings.

1068.

Failure to act within required time.

1069.

Evidence of income.

1070.

Saving for criminal proceedings.

CHAPTER 2

Other corporation tax penalties

1071.

Penalties for failure to make certain returns.

1072.

Penalties for fraudulently or negligently making incorrect returns, etc.

1073.

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

1074.

Penalties for failure to give notice of liability to corporation tax.

1075.

Penalties for failure to furnish certain information and for incorrect information.

1076.

Supplementary provisions (Chapter 2).

CHAPTER 3

Capital gains tax penalties

1077.

Penalties for failure to make returns, etc. and for fraudulently or negligently making incorrect returns, etc.

CHAPTER 4

Revenue offences

1078.

Revenue offences.

1079.

Duties of relevant person in relation to certain revenue offences.

CHAPTER 5

Interest on overdue tax

1080.

Interest on overdue income tax and corporation tax.

1081.

Effect on interest of reliefs given by discharge or repayment.

1082.

Interest on overdue income tax and corporation tax in cases of fraud or neglect.

1083.

Application of sections 1080 to 1082 for capital gains tax purposes.

CHAPTER 6

Other sanctions

1084.

Surcharge for late returns.

1085.

Corporation tax— late returns: restriction of certain claims for relief.

1086.

Publication of names of tax defaulters.

PART 48

Miscellaneous and Supplemental

1087.

Charge and deduction of income tax not charged or deducted before passing of annual Act.

1088.

Restriction on deductions in computing profits.

1089.

Status of interest on certain unpaid taxes and duties.

1090.

Income tax assessment to be conclusive of total income.

1091.

Annexation of statements to interest warrants, etc.

1092.

Disclosure of certain information to rating authorities, etc.

1093.

Disclosure of information to Ombudsman.

1094.

Tax clearance certificates in relation to certain licences.

1095.

Tax clearance certificates in relation to public sector contracts.

1096.

Assessment of Electricity Supply Board.

PART 49

Commencement, Repeals, Transitional Provisions, Etc

1097.

Commencement.

1098.

Repeals.

1099.

Saving for enactments not repealed.

1100.

Consequential amendments to other enactments.

1101.

Transitional provisions.

1102.

Continuity and construction of certain references to old and new law.

1103.

Continuance of officers, instruments and documents.

1104.

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.

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

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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