Capital Gains Tax Act, 1975

Location of assets.

48.—The situation of any such assets as are specified in this section shall, except as otherwise provided by section 4, be determined in accordance with the following provisions:

(a) the situation of rights or interests (otherwise than by way of security) in or over immovable property is that of the immovable property,

(b) subject to the following provisions of this section, the situation of rights or interests (otherwise than by way of security) in or over tangible movable property is that of the tangible movable property,

(c) subject to the following provisions of this section, a debt, secured or unsecured, is situated in the State if and only if the creditor is resident in the State,

(d) shares or securities issued by any municipal or governmental authority, or by any body created by such an authority, are situated in the country of that authority,

(e) subject to paragraph (d), registered shares or securities are situated where they are registered and, if registered in more than one register, where the principal register is situated,

(f) a ship or aircraft is situated in the State if and only if the owner is resident in the State, and an interest or right in or over a ship or aircraft is situated in the State if and only if the person entitled to the interest or right is resident in the State,

(g) the situation of goodwill as a trade, business or professional asset is at the place where the trade, business or profession is carried on,

(h) patents, trade marks and designs are situated where they are registered, and if registered in more than one register, where each register is situated and copyright, franchises, rights and licences to use any copyright material, patent, trade mark or design are situated in the State if they, or any rights derived from them, are exercisable in the State, and

(i) a judgment debt is situated where the judgment is recorded.