Revenue: Taxes Consolidation Act 1997 Notes for Guidance - Finance Act 2019 Edition
- PART 1 Interpretation
- 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
- 21A Higher rate of corporation tax
- 21B Tax treatment of certain dividends
- 22 Reduced rate of corporation tax for certain income
- 22A Reduction of corporation tax liability in respect of certain trading income
- 23 Application of section 13 for purposes of corporation tax
- 23A Company residence
- 23B Residence of SE or SCE
- 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
- PART 3 Provisions relating to the Schedule C charge and Government and other public securities
- 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
- 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 on income from which tax has been deducted
- CHAPTER 5 Computational provisions: corporation tax
- 76 Computation of income: application of income tax principles
- 76A Computation of profits or gains of a company – accounting standards.
- 76B Treatment of unrealised gains and losses in certain circumstances
- 76C Use of different accounting policies within a group of companies
- 76D Computation of income from finance leases
- 77 Miscellaneous special rules for computation of income
- 78 Computation of companies’ chargeable gains
- 79 Foreign currency: computation of income and chargeable gains
- 79A Matching of relevant foreign currency assets with foreign currency liabilities
- 79B Matching of foreign currency assets with certain foreign currency share capital
- 79C Exclusion of foreign currency as an asset of certain companies
- 80 Taxation of certain foreign currencies
- 80A Taxation of certain short-term leases plant and machinery
- 81 General rule as to deductions
- 81A Restriction of deductions for employee benefit contributions
- 81B Equalisation Reserves for credit insurance and reinsurance business of companies
- 81C Emissions allowances
- 82 Pre-trading expenditure
- 83 Expenses of management of investment companies
- 83A Expenditure involving crime.
- 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
- 87A Deductions for gifts to Foundation for Investing in Communities
- 87B Release of debts in certain trades
- 88 Deduction for gifts to Enterprise Trust Ltd
- 88A Double deduction in respect of certain emoluments
- 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
- 95A Change of basis of computation of profits or gains of a trade or profession
- CHAPTER 8 Taxation of rents and certain other payments
- 96 Interpretation (Chapter 8)
- 97 Computational rules and allowable deductions
- 97A Pre-letting expenditure in respect of vacant premises
- 98 Treatment of premiums, etc as rent
- 98A Taxation of reverse premiums
- 99 Charge on assignment of lease granted at undervalue
- 100 Charge on sale of land with right to reconveyance
- 100A Appeals against determinations under sections 98 to 100
- 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
- 106A Transfer of rent
- PART 5 Principal Provisions Relating to the Schedule E Charge
- 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
- 118A Costs and expenses in respect of personal security assets and services
- 118B Revenue Approved Salary Sacrifice Agreements
- 119 Valuation of benefits in kind
- 120 Unincorporated bodies, partnerships and individuals
- 120A Exemption from benefit-in-kind of certain childcare facilities
- 120B Certain benefits in kind: members of Permanent Defence Force
- 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
- 124A Tax treatment of payments made pursuant to an order under section 2B of Employment Permits Act 2003
- 125 Tax treatment of benefits received under permanent health benefit schemes
- 126 Tax treatment of certain benefits payable under Social Welfare Acts
- 128F Key Employee Engagement Programme
- PART 6 Company Distributions, Tax Credits, Franked Investment Income and Advance Corporation Tax
- CHAPTER 2 Meaning of distribution
- 130 Matters to be treated as distributions
- 131 Bonus issue 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 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 greyhounds 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 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 8A Dividend withholding tax
- 172A Interpretation
- 172B Dividend withholding tax on relevant distributions
- 172BA Obligation on certain persons to obtain tax reference numbers of persons beneficially entitled to relevant distributions
- 172C Exemption from dividend withholding tax for certain persons
- 172D Exemption from dividend withholding tax for certain non-resident persons
- 172E Qualifying intermediaries
- 172F Obligations of qualifying intermediary in relation to relevant distributions
- 172G Authorised withholding agent
- 172H Obligations of authorised withholding agent in relation to relevant distributions
- 172I Statement to be given to recipients of relevant distributions
- 172J Credit for, or repayment of, dividend withholding tax borne
- 172K Returns, payment and collection of dividend withholding tax
- 172L Reporting of distributions made under stapled stock arrangements
- 172LA Deduction of dividend withholding tax on settlement of market claims
- 172M Delegation of powers and functions of Revenue Commissioners
- 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
- 176A Purchase of own shares -supplementary.
- 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
- 189A Special trusts for permanently incapacitated individuals
- 190 Certain payments made by the Haemophilia HIV Trust
- 191 Taxation treatment of Hepatitis C [and HIV] compensation payments
- 192 Payments in respect of thalidomide children
- 192A Exemption in respect of certain payments under employment law
- 192B Foster care payments etc.
- 192BA Exemption of certain payments made or authorised by Child and Family Agency
- 192C Exemption in respect of payments of State support
- 192D Exemption in respect of fuel grant
- 192E Exemption in respect of water conservation grant
- 192F Exemption in respect of certain Education-related payments
- 192G Exemption in respect of Training Allowance payments
- 193 Income from scholarships
- 194 Child benefit
- 194A Early childcare supplement
- 194AA Exemption of certain childcare support payments
- 195 Exemption of certain earnings of writers, composers and artists
- 195A Exemption in respect of certain expense payments
- 195B Exemption in respect of certain expense payments for relevant directors
- 195C Exemption in respect of certain expenses of State Examinations Commission examiners
- 195D Exemption in respect of certain expense payments for resident relevant directors
- 196 Expenses of members of judiciary
- 196A State employees: foreign service allowances
- 196B Employees of certain agencies: foreign service allowances
- 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
- 204A Exemption in respect of annual allowance for reserve members of the Garda Síochána
- 204B Exemption in respect of compensation for certain living donors
- 205 Veterans of the War of Independence
- 205A Magdalen Laundry Payments
- 206 Income from investments under Social Welfare Consolidation Act 2005
- 207 Rents of properties belonging to hospitals and other charities
- 207A Charities Regulatory Authority and Common Investment Fund
- 208 Lands owned and occupied, and trades carried on, by charities
- 208A Overseas charities
- 208B Charities – miscellaneous
- 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
- 216A Rent-a-room relief
- 216B Payments under Scéim na bhFoghlaimeoirí Gaeilge
- 216C Childcare services relief
- CHAPTER 2 Corporation tax
- 217 Certain income of Nitrigin Éireann Teoranta
- 218 Certain income of Housing Finance Agency plc
- 218A Certain income of Motor Insurers’ Bureau of Ireland
- 219 Income of body designated under Irish Takeover Panel Act, 1997
- 219A Income of credit unions
- 219B Income of Investor Compensation Company Ltd
- 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
- 230A National Pensions Reserve Fund Commission
- 230AA NAMA profits exempt from corporation tax
- 230AB National Development Finance 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 the 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
- 242A Tax treatment of certain royalties
- CHAPTER 3 Principal provisions relating to the payment of interest
- 244 Relief for interest paid on certain home loans
- 244A Application of section 244 (relief for interest paid on certain home loans)
- 245 Relief for certain bridging loans
- 246 Interest payments by companies and to non-residents
- 246A Interest in respect of wholesale debt instruments
- 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
- 248A Restriction of relief in respect of loans applied in acquiring interest in companies and partnerships
- 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
- 250A Restriction of relief to individuals in respect of loans applied in acquiring interest in 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
- 261A Taxation of interest on special term accounts
- 261B Taxation of specified interest
- 262 Statement furnished by relevant deposit taker
- 263 Declarations relating to deposits of non-residents
- 263A Declarations to a relevant deposit taker relating to deposits of certain persons
- 263B Declarations to the Revenue Commissioners relating to deposits of certain persons
- 263C Notifications by the Revenue Commissioners relating to deposits of certain persons
- 263D Declarations to the Revenue Commissioners in relation to relevant amounts
- 263E Notifications by the Revenue Commissioners relating to deposits of relevant amounts Notifications
- 264 Conditions and declarations relating to special savings accounts
- 264A Conditions and declarations relating to special term accounts
- 264B Returns of special term accounts by relevant deposit takers
- 265 Deposits of companies and pension schemes
- 265A Deposits of certain persons
- 266 Deposits of charities
- 266A Repayments of appropriate tax to first-time buyers
- 267 Repayment of appropriate tax in certain cases
- CHAPTER 5 Dividend payments by credit unions
- 267A Interpretation (Chapter 5)
- 267AA Taxation of dividends in regular share accounts
- 267B Election to open a special share account or a special term share account
- 267C Taxation of dividends on special term share accounts
- 267D Conditions and declarations relating to special term share accounts
- 267E Returns of special term share accounts by credit unions
- 267F Supplementary provisions (Chapter 5)
- 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
- 285A Acceleration of wear and tear allowances for certain energy-efficient equipment
- 285B Acceleration of wear and tear allowances for childcare and fitness centre equipment
- 285C Acceleration of wear and tear allowances for gas vehicles and refuelling equipment
- 286 Increased wear and tear allowances for taxis and cars for short-term hire
- 286A Wear and tear allowances for licences for public hire vehicles.
- 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
- 291A Intangible assets
- 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 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
- 308A Assets transferred in course of scheme of reconstruction or amalgamation
- 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
- 350A Provision against double relief
- CHAPTER 4 Qualifying resort areas
- 351 Interpretation (Chapter 4)
- 352 Accelerated capital allowances in relation to construction or refurbishment of certain industrial buildings or structures
- 353 Capital allowances in relation to 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 7 Qualifying areas
- 372A Interpretation and application (Chapter 7)
- 372B Qualifying areas
- 372BA Qualifying streets
- 372C Accelerated capital allowances in relation to construction or refurbishment of certain industrial buildings or structures
- 372D Capital allowances in relation to construction or refurbishment of certain commercial premises
- 372E Double rent allowance in respect of rent paid for certain business premises
- 372F Rented residential accommodation: deduction for certain expenditure on construction
- 372G Rented residential accommodation: deduction for certain expenditure on conversion
- 372H Rented residential accommodation: deduction for certain expenditure on refurbishment
- 372I Residential accommodation: allowance to owner-occupiers in respect of certain expenditure on construction or refurbishment
- 372J Provisions supplementary to sections 372F to 372I
- 372K Non-application of relief in certain cases and provision against double relief
- CHAPTER 8 Qualifying Rural Areas
- 372L Interpretation (Chapter 8)
- 372M Accelerated capital allowances in relation to construction or refurbishment of certain industrial buildings or structures
- 372N Capital allowances in relation to construction or refurbishment of certain commercial buildings or structures
- 372O Double rent allowance in respect of rent paid for certain business premises
- 372P Rented residential accommodation: deduction for certain expenditure on construction
- 372Q Rented residential accommodation: deduction for certain expenditure on conversion
- 372R Rented residential accommodation: deduction for certain expenditure on refurbishment
- 372RA Residential accommodation: allowance to owner-occupiers in respect of certain expenditure on construction or refurbishment
- 372S Provisions supplementary to sections 372P to 372R
- 372T Non-application of relief in certain cases and provision against double relief
- CHAPTER 9 Park and ride facilities and certain related developments
- 372U Interpretation (Chapter 9)
- 372V Capital allowances in relation to construction or refurbishment of certain park and ride facilities
- 372W Capital allowances in relation to construction or refurbishment of certain commercial premises
- 372X Rented residential accommodation: deduction for certain expenditure on construction
- 372Y Residential accommodation: allowance to owner-occupiers in respect of certain expenditure on construction
- 372Z Provisions supplementary to sections 372X to 372Y
- CHAPTER 10 Designated areas of certain towns
- 372AA Interpretation and application (Chapter 10)
- 372AB Qualifying areas
- 372AC Accelerated capital allowances in relation to construction or refurbishment of certain industrial buildings or structures
- 372AD Capital allowances in relation to construction or refurbishment of certain commercial premises
- 372AE Rented residential accommodation: deduction for certain expenditure on construction
- 372AF Rented residential accommodation: deduction for certain expenditure on conversion
- 372AG Rented residential accommodation: deduction for certain expenditure on refurbishment
- 372AH Residential accommodation: allowance to owner-occupiers in respect of certain expenditure on construction or refurbishment
- 372AI Provisions supplementary to sections 372AE to 372AH
- 372AJ Non-application of relief in certain cases and provision against double relief
- CHAPTER 11 Reliefs for lessors and owner-occupiers in respect of expenditure incurred on the provision of certain residential accommodation
- 372AK Interpretation (Chapter 11)
- 372AL Qualifying period
- 372AM Grant of certain certificates and guidelines, qualifying and special qualifying premises
- 372AN Eligible expenditure: lessors
- 372AO Qualifying lease
- 372AP Relief for lessors
- 372AQ Qualifying expenditure: owner-occupiers
- 372AR Relief for owner-occupiers
- 372AS Determination of expenditure incurred in the qualifying period and date expenditure treated as incurred for relief purposes
- 372AT Appeals
- 372AU Saver for relief due, and for clawback of relief given under, old schemes
- 372AV Continuity
- CHAPTER 12 Mid-Shannon Corridor Tourism Infrastructure Investment Scheme
- 372AW Interpretation, applications for approval and certification
- 372AX Accelerated capital allowances in relation to the construction or refurbishment of certain registered holiday camps
- 372AY Capital allowances in relation to the construction or refurbishment of certain tourism infrastructure facilities
- 372AZ Restrictions on relief, non-application of relief in certain cases and provision against double relief
- CHAPTER 13 Living City Initiative
- 372AAA Interpretation (Chapter 13)
- 372AAB Residential accommodation: allowance to owner-occupiers in respect of qualifying expenditure incurred on the conversion and refurbishment of relevant houses
- 372AAC Capital allowances in relation to conversion or refurbishment of certain commercial premises
- 372AAD Residential accommodation: capital allowances to lessors in respect of eligible expenditure incurred on the conversions and refurbishment of relevant houses
- 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 11D Income Tax and Corporation Tax: Reliefs for the Removal and Relocation of Certain Industrial Facilities
- 380Q Interpretation (Part 11D)
- 380R Relocation allowance
- 380S Additional allowance for relocation expenditure
- 380T Allowance for machinery or plant
- 380U Allowances in respect of certain buildings
- 380V Improvement
- 380W Supplementary provisions
- 380X Restrictions on relief – non-application of relief in certain cases
- 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
- 381A Restriction of loss relief in certain cases
- 381B Restriction of loss relief – passive trades
- 381C Restriction of loss relief – anti-avoidance
- 382 Right to carry forward losses to future years
- 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 the purposes of terminal loss
- 389 Determination of claim for terminal loss
- 390 Amount of assessment 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
- 396A Relief for relevant trading losses
- 396B Relief for certain trading losses on a value basis
- 396C Relief from Corporation Tax for losses of participating institutions
- 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 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
- 409A Income tax: restriction on use of capital allowances on certain industrial buildings and other premises
- 409B Income tax: restriction on use of capital allowances on certain hotels, etc
- 409C Income tax: restriction on use of losses on approved buildings
- 409D Restriction of reliefs where individual is not actively participating in certain trades
- 409E Income tax: ring-fence on use of certain capital allowances on certain industrial buildings and other premises
- 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 Diminishing 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
- 420A Group relief: relevant losses and charges
- 420B Group relief: Relief for certain losses on a value basis
- 420C Group relief: Relief for certain losses of non-resident companies
- 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 transitional 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”, “associate”, “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
- 436A Certain settlements made by close companies
- 437 Interest paid to directors and directors’ associates
- 438 Loans to participators, etc
- 438A Extension of section 438 to loans by companies controlled by close companies
- 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 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
- 452A Application of section 130 to certain non-yearly 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 Basic personal tax credit
- 461A Additional tax credit for certain widowed persons
- 462 One-parent family tax credit
- 462A Additional allowance for widowed parents and other single parents
- 462B Single person child carer credit
- 463 Widowed parent tax credit
- 464 Age tax credit
- 465 Incapacitated child tax credit
- 466 Dependent relative tax credit
- 466A Home carer tax credit
- 467 Employed person taking care of incapacitated individual
- 468 Blind person’s tax credit
- 469 Relief for health expenses
- 470 Relief for insurance against expenses of illness
- 470A Relief for premiums under qualifying long-term care policies
- 470B Age-related relief for health insurance premiums
- 471 Relief for contributions to permanent health benefit schemes
- 472 Employee tax credit
- 472A Relief for long-term unemployed
- 472AA Relief for long-term unemployed starting a business
- 472AB Earned Income Tax Credit
- 472B Seafarer allowance, etc
- 472BA Fisher tax Credit
- 472BB Sea-going naval personnel credit
- 472C Relief for trade union subscriptions
- 472D Relief for key employees engaged in research and development activities
- 473 Allowance for rent paid by certain tenants
- 473A Relief for fees paid for third level education, etc
- 474 Relief for fees paid to private colleges for full-time third level education
- 474A Relief for fees paid to publicly funded colleges in the European Union for full-time third level education
- 475 Relief for fees paid for part-time third level education
- 475A Relief for postgraduate and certain third level fees
- 476 Relief for fees paid for training courses
- 477 Relief for Service Charges
- 477A Relief for energy efficient works
- 477B Home renovation incentive
- 477C Help to Buy
- 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
- 480A Relief on retirement for certain income of certain sportspersons
- 480B Relief arising in special circumstances
- 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
- 485A Relief for gifts made to designated schools
- 485B Relief for gifts to the Scientific and Technological Education (Investment) Fund
- CHAPTER 2A Limitation on amount of certain reliefs used by certain high income individuals
- 485C Interpretation (Chapter 2A)
- 485D Application (Chapter 2A)
- 485E Recalculation of taxable income for purposes of limiting reliefs
- 485F Carry forward of excess relief
- 485FA Adaptation of provisions relating to taxation of married couples
- 485FB Requirement to provide estimates and information
- 485G Miscellaneous (Chapter 2A)
- PART 16 Income Tax Relief for Investment in Corporate Trades – Employment and Investment Incentive 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 Individuals qualifying for relief
- 493 Seed capital relief
- 494 Qualifying companies
- 495 Specified individuals
- 496 Disposals of shares
- 497 Value received from company
- 498 Replacement capital
- 499 Value received by persons other than claimants
- 500 Prevention of misuse
- 501 Claims
- 502 Assessments for withdrawing relief
- 503 Information
- 504 Capital gains tax
- 505 Application to subsidiaries
- 506 Nominees and designated funds
- 507 Reporting of relief
- 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
- 511A Shares acquired from an employee share ownership trust
- 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
- 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
- 529A Partnerships
- CHAPTER 1A Payments in respect of non-resident artistes by companies qualifying for relief for investment in films
- 529B Interpretation (Chapter 1A)
- 529C Deduction of tax from relevant payments
- 529D Identification of, and issue of documents to, specified persons
- 529E Returns by qualifying company
- 529F Payment of tax by qualifying company
- 529G Assessment by Revenue officer
- 529H Interest on late payment of appropriate tax
- 529I Repayment of appropriate tax
- 529J Obligation on specified person
- 529K Record keeping and inspection of records
- 529L Civil penalties
- 529M Miscellaneous
- PART 18A Income Levy
- 531A Definitions (Part 18A)
- 531B Charge to income levy
- 531C Rate of charge
- 531D Deduction and payment of income levy on relevant emoluments.
- 531E Record keeping
- 531F Power of inspection
- 531G Estimation of income levy due for income tax months and for year
- 531H Assessment, collection, payment and recovery of income levy on relevant income
- 531I Married couples
- 531J False statements
- 531K Repayments
- 531L Restriction on deduction
- 531M Application of provisions relating to income tax
- 531N Care and management
- 531NA Cessation of charge to income levy
- PART 18B-Parking Levy in Urban Areas
- 531O Interpretation (Part 18B)
- 531P Urban areas to which parking levy applies and making of orders by the Minister
- 531Q Entitlement to use a parking space
- 531R Provision of parking space by employer
- 531S Exemption for certain persons
- 531T Charge to parking levy
- 531U Rate of charge to parking levy
- 531V Deduction of levy by employer
- 531W No relief for any payment in relation to parking levy
- 531X Records and regulations
- 531Y Payment, collection and recovery
- 531Z Penalties
- PART 18C Domicile Levy
- 531AA Interpretation (Part 18C)
- 531AB Charge to domicile levy
- 531AC Credit for income tax paid
- 531AD Valuation procedures
- 531AE Appeals regarding value of real property
- 531AF Delivery of returns
- 531AG Opinion of Revenue Commissioners
- 531AH Making and amending of assessments by Revenue Commissioners
- 531AI Right of Revenue Commissioners to make enquiries and amend assessments
- 531AJ Application of provisions relating to income tax
- 531AK Care and management
- PART 18D Universal Social Charge
- 531AL Definitions (Part 18D)
- 531AM Charge to universal social charge
- 531AN Rate of charge
- 531AO Deduction and payment of universal social charge on relevant emoluments
- 531AP Record keeping
- 531AQ Power of inspection
- 531AR Estimation of universal social charge due
- 531AS Universal social charge payable by chargeable persons (within the meaning of Part 41)
- 531AT Universal social charge payable by persons other than chargeable persons (within the meaning of Part 41)
- 531AU Capital allowances and losses
- 531AUA Universal social charge and approved profit sharing schemes
- 531AV Married couples
- 531AW Repayments
- 531AX Restriction on deduction
- 531AY Recovery of unpaid universal social charge
- 531AZ Repayments of, and recovery of, unpaid income levy
- 531AAA Application of provisions relating to income tax
- 531AAB Regulations
- 531AAC Care and management
- 531AAD Excess bank remuneration charge
- 531AAE Property relief surcharge
- 531AAF Delegation of functions and discharge of functions by electronic means
- 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
- 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
- 540A Disposal of certain emissions allowances
- 541 Debts
- 541A Treatment of debts on a change in currency
- 541B Restrictive Covenants
- 541C Tax treatment of certain venture fund managers
- 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
- 546A Restrictions on 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
- 577A Relinquishing of a life interest by the person entitled
- 578 Death of annuitant
- 579 Non-resident trusts
- 579A Attribution of gains to beneficiaries
- 579B Trustees ceasing to be resident in the State
- 579C Death of trustees: special rules
- 579D Past trustees: liability for tax
- 579E Trustees ceasing to be liable to Irish tax
- 579F Migrant settlements
- 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 participators of chargeable gains accruing to non-resident company
- 591 Relief for individuals on certain reinvestment
- 591A Dividends paid in connection with disposal of shares
- 592 Reduced rate of capital gains tax on certain disposals of shares by individuals
- CHAPTER 6 Transfers of business assets
- 596 Appropriations to and from stock in trade
- 597 Replacement of business and other assets
- 597A Entrepreneur Relief
- 597AA Revised Entrepreneur Relief
- 598 Disposals of business or farm on “retirement”
- 598A Relief on dissolution of farming partnerships
- 599 Disposals within family of business or farm
- 600 Transfer of business to company
- 600A Replacement of qualifying premises
- CHAPTER 7 Other reliefs and exemptions
- 601 Annual exempt amount
- 602 Chattel exemption
- 603 Wasting chattels
- 603A Disposal of site to child
- 604 Disposals of principal private residence
- 604A Relief for certain disposals of land or buildings
- 604B Relief for farm restructuring
- 604C Exemption of certain payment entitlements
- 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
- 610A Exemption for proceeds of disposal by sports bodies
- 611 Disposals to State, public bodies and charities
- 611A Treatment of certain disposals made by The Pharmaceutical Society of Ireland
- 612 Scheme for retirement of farmers
- 613 Miscellaneous exemptions for certain kinds of property
- 613A Supplementary provisions
- 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
- 620A Deemed disposal in certain circumstances
- 621 Depreciatory transactions in group
- 622 Dividend stripping
- 623 Company ceasing to be member of group
- 623A Transitional provisions in respect of section 623
- 624 Exemption from charge under section 623 in case of certain mergers
- 625 Shares in subsidiary member of group
- 625A Transitional provisions in respect of section 625
- 626 Tax on company recoverable from other members of group
- 626A Restriction on set-off of pre-entry losses
- 626B Exemption from tax in the case of gains on certain disposals of shares
- 626C Treatment of assets related to shares
- CHAPTER 2 Provisions where companies cease to be resident in the State
- 627 Charge to exit tax
- 628 Value of certain assets to be accepted for purposes of Capital Gains Tax Acts
- 629 Deferral of exit tax
- 629A Tax on non-resident company recoverable from another member of group or from controlling director
- 629B Transitional provision (power to serve notice under former section 629 not affected)
- 629C Company ceasing to be resident on formation of SE or SCE
- PART 21 Mergers, Divisions, Transfers of Assets and Exchanges of Shares Concerning Companies of Different Member States
- CHAPTER 1 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
- 633A Formation of SE or SCE by merger – leaving assets in the State
- 633B Formation of SE or SCE by merger – not leaving assets in the State
- 633C Treatment of securities on a merger
- 633D Mergers where a company is dissolved without going into liquidation
- 634 Credit for tax
- 635 Avoidance of tax
- 636 Returns
- 637 Other transactions
- 638 Apportionment of amounts
- 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
- 644A Relief from income tax in respect of income from dealing in residential development land
- 644AA Treatment of losses from dealing in residential development land
- 644AB Treatment of profits or gains from land rezonings
- 644B Relief from corporation tax in respect of income from dealing in residential development land
- 644C Relief from corporation tax for losses from dealing in residential development land
- 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
- 649A Relevant disposals: rate of charge
- 649B Windfall gains from rezonings: rate of charge
- 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
- 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
- 657A Taxation of Certain Farm Payments
- 657B Restructuring and diversification aid for sugar beet growers
- 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
- 664A Relief for increase in carbon tax on farm diesel
- 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
- 667A Further provisions for qualifying farmers
- 667B New arrangements for qualifying farmers
- 667C Special provisions for registered farm partnerships.
- 667D Succession farm partnerships
- 667E Authorised officers
- 667F Appeals officer
- 667G Appeals
- 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
- 696A Treatment of certain disposals
- PART 24A Shipping: Tonnage Tax
- 697A Interpretation (Part 24A)
- 697B Application
- 697C Calculation of profits of tonnage tax company
- 697D Election for tonnage tax
- 697E Requirement that not more than 75 per cent of fleet tonnage is chartered in
- 697F Requirement not to enter into tax avoidance arrangements
- 697G Appeals
- 697H Relevant shipping income: distributions of overseas shipping companies
- 697I Relevant shipping income: cargo and passengers
- 697J Relevant shipping income: foreign currency gains
- 697K General exclusion of investment income
- 697L Tonnage tax trade
- 697LA Transactions between associated persons and between tonnage tax trade and other activities of same company
- 697LB Treatment of finance costs
- 697M Exclusion of reliefs, deductions and set-offs
- 697N Chargeable gains
- 697O Capital allowances: general
- 697P Withdrawal of relief etc. on company leaving tonnage tax
- 697Q Ten year disqualification from re-entry into tonnage tax
- PART 25 Industrial and Provident Societies, Building Societies, and Trustee Savings Banks
- PART 25A Real Estate Investment Trusts
- 705A Interpretation and application
- 705B Conditions for notice under section 705E
- 705C Conditions regarding shares
- 705D Conditions regarding an accounting period
- 705E Notice to become a Real Estate Investment Trust
- 705F Duration of Real Estate Investment Trust
- 705G Charge to tax
- 705H Profit: financing cost ratio
- 705HA Profit: calculating profits available for distribution
- 705I Funds awaiting reinvestment
- 705IA Disposals and reinvestments
- 705J Taxation of shareholders
- 705K Taxation of certain shareholders
- 705L Transfer of assets
- 705M Annual statement to Revenue
- 705N Breach of conditions regarding distributions
- 705O Cessation notice
- 705P Effect of cessation
- 705Q Anti-avoidance provision
- 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 policyholders
- 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 5 Policyholders – new basis
- 730B Taxation of policyholders
- 730BA Personal portfolio life policies
- 730C Chargeable event
- 730D Gains arising on a chargeable event
- 730E Declarations
- 730F Deduction of tax on the happening of a chargeable event
- 730FA Assessment of appropriate tax where tax not deducted under section 730F
- 730G Returns and collection of appropriate tax
- 730GA Repayment of appropriate tax
- 730GB Capital acquisitions tax: set-off
- 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
- 739A Reorganisation of undertakings for collective investment
- CHAPTER 1A Investment undertakings
- 739B Interpretation and application
- 739BA Personal portfolio investment undertaking
- 739C Charge to tax
- 739D Gain arising on a chargeable event
- 739E Deduction of tax on the occurrence of a chargeable gain
- 739F Returns and collection of appropriate tax
- 739FA Electronic account filing requirement
- 739G Taxation of unit holders in investment undertakings
- 739H Investment undertakings: reconstructions and amalgamations
- 739HA Investment undertakings: amalgamations with offshore funds
- 739I Common contractual funds
- 739J Investment limited partnerships
- CHAPTER 1B Irish Real Estate Investment Funds
- 739K Interpretation
- 739KA Associated enterprises
- 739L Calculating the IREF taxable amount
- 739LA Profit: financing cost ratio
- 739LB Profit: calculating profits available for distribution
- 739LC Exclusion for third-party debt
- 739LAA Profit: financing cost ratio 1 January 2020
- 739M Anti-avoidance: multiple funds
- 739N Anti-avoidance: multiple funds further measures
- 739O Tax arising on IREF taxable event
- 739P Withholding tax arising on IREF taxable event
- 739Q Repayment of IREF withholding tax
- 739QA Advance clearance procedures for indirect investors in respect of whitholding tax
- 739QB Advance clearance procedures for direct investors in respect of whitholding tax
- 739R Returns, payment and collection of IREF withholding tax
- 739S Statement to be given to recipients on the making of an IREF relevant payment
- 739T Deduction from consideration on the disposal of certain units
- 739U Retention and examination of documentation
- 739V Transfer of IREF business to a company
- 739W Transfer of IREF business to a REIT
- 739X Application of this Chapter
- 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
- 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 Tax credit for research and development expenditure, etc
- 766A Tax credit on expenditure on buildings or structures used for research and development
- 766B Limitation of tax credits to be paid under section 766 or 766A
- 766C Tax credit for research and development expenditure for smaller companies
- 767 Payment to universities and other approved bodies for research in, or teaching of, approved subjects
- CHAPTER 5 Taxation of companies engaged in knowledge development
- 769G Interpretation and general
- 769H Family of products and assets
- 769I Corporation tax referable to a specified trade
- 769J Interaction with 766, 766A and 766B
- 769K Adaptation of provisions relating to relief for relevant trading losses and relevant charges on income
- 769L Documentation
- 769M Anti-avoidance
- 769N Application of Part 35A
- 769O Transitional measures
- 769P Time limits
- 769Q Application
- 769R Companies with income arising from intellectual property of less than €7,500,000.
- 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
- 772A Approval of retirement benefits products
- 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
- 779A Transactions deemed to be pensions in payment
- 780 Charge to income tax on repayment of employee’s contributions
- 781 Charge to income tax: commutation of entire pension
- 782 Charge to tax: repayments to employer
- 782A Pre-retirement access to AVCs
- CHAPTER 2 Retirement annuities
- 783 Interpretation and general (Chapter 2)
- 784 Retirement annuities: relief for premiums
- 784A Approved retirement fund
- 784B Conditions relating to an approved retirement fund
- 784C Approved minimum retirement fund
- 784D Conditions relating to an approved minimum retirement fund
- 784E Returns, and payment of tax, by qualifying fund managers
- 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 2A Personal retirement savings accounts
- 787A Interpretation and supplemental
- 787B Relevant earnings and net relevant earnings
- 787C PRSAs – method of granting relief for PRSA contributions
- 787D Claims to relief
- 787E Extent of relief
- 787F Transfers to PRSAs
- 787G Taxation of payments from a PRSA
- 787H Approved Retirement Fund option
- 787I Exemption of PRSA
- 787J Allowance to employer
- 787K Revenue approval of PRSA products
- 787L Transfers to and from PRSA
- CHAPTER 2C Limit on tax-relieved pension funds
- 787O Interpretation and General (Chapter 2C)
- 787P Maximum tax-relieved pension fund
- 787Q Chargeable excess
- 787R Liability to tax and rate of tax on chargeable excess
- 787RA Credit for tax paid on an excess lump sum
- 787S Payment of tax due on chargeable excess
- 787T Discharge of administrator from tax
- 787TA Encashment Option
- 787TB Penalties
- 787U Regulations
- CHAPTER 4 Miscellaneous
- 790 Liability of certain pensions, etc to tax
- 790A Limit on Earnings
- 790AA Taxation of lump sums in excess of the tax free amount
- 790B Exemption of cross-border scheme
- 790C Relief for the pension deduction under the Financial Emergency Measures in the Public Interest Act 2009
- 790D Imputed distributions from certain funds
- 790E Taxation of certain investment returns to relevant pension arrangements
- PART 31 Taxation of Settlors, etc in Respect of Settled or Transferred Income
- PART 32 Estates of Deceased Persons in Course of Administration and 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
- 807A Liability of non-transferors
- 807B Certain transitional arrangements in relation to transfer of assets abroad
- 807C Supplementary provisions in relation to section 806 – apportionment in certain cases
- 808 Power to obtain information
- 809 Saver
- 810 Application of Income Tax Acts
- CHAPTER 2 Miscellaneous
- 811 Transactions to avoid liability to tax
- 811A Transactions to avoid liability to tax: surcharge, interest and protective notification
- 811B Tax treatment of loans from employee benefit schemes
- 811C Transactions to avoid liability to tax
- 811D Transactions to avoid liability to tax: surcharge, interest and protective notification
- 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
- 817A Restriction of relief for payments of interest
- 817B Treatment of interest in certain circumstances
- 817C Restriction on deductibility of certain interest
- CHAPTER 3 Mandatory disclosure of certain transactions
- 817D Interpretation and general (Chapter 3)
- 817DA References to ‘specified description’ – classes of transaction for the purposes of that expression
- 817E Duties of promoter
- 817F Duty of person where promoter is outside the State
- 817G Duty of person where there is no promoter
- 817H Duty of person where legal professional privilege claimed
- 817HA Duties of person who obtains tax advantage
- 817HB Duties of Revenue Commissioners
- 817I Pre-disclosure enquiry
- 817J Legal professional privilege
- 817K Supplemental information
- 817L Duty of marketer to disclose
- 817M Duty of promoter to provide client list
- 817N Supplemental matters
- 817O Penalties
- 817P Appeal Commissioners
- 817Q Regulations (Chapter 3)
- 817R Nomination of Revenue Officers
- 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
- 823A Deduction for income earned in certain foreign states
- 824 Appeals
- 825 Residence treatment of donors of gifts to the State
- 825A Reduction in income tax for certain income earned outside the State
- 825B Repayment of tax where earnings not remitted
- 825C Special Assignee Relief Programme (SARP)
- PART 35 Double Taxation Relief
- CHAPTER 1 Principal reliefs
- 826 Agreements for relief from double taxation
- 826A Unilateral 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
- 831A Treatment of distributions to certain parent companies
- 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 the 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 35A Transfer Pricing
- 835A Interpretation
- 835B Meaning of associated
- 835C Basic rules on transfer pricing
- 835D Principles for construing rules in accordance with OECD Guidelines
- 835E Modification of basic rules on transfer pricing for arrangements between qualifying relevant persons
- 835EA Small or medium-sized enterprise
- 835F Small or medium-sized enterprise (subject to Commencement Order)
- 835G Documentation and enquiries
- 835H Elimination of double counting
- 835HA Interaction with capital allowances provisions
- 835HB Interaction with provisions dealing with chargeable gains
- PART 35B Controlled Foreign Companies
- PART 35C HYBRID MISMATCHES
- 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
- 840A Interest on loans to defray money applied for certain purposes
- 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
- 843A Capital allowances for buildings used for certain childcare purposes
- 843B Capital allowances for buildings used for the purposes of providing childcare services or a fitness centre to employees
- 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
- 845A Non-application of section 130 in the case of certain interest paid by banks
- 845B Set-off of surplus advance corporation tax
- 845C Treatment of Additional Tier 1 instruments
- 846 Tax free securities: exclusion of interest on borrowed money
- 847 Tax relief for certain branch profits
- 847A Donations to certain sports bodies
- 847B Tax treatment of return of value on certain shares
- 847C Tax treatment of return of value on certain shares where shareholders affected by postal delays
- 848 Designated charities: repayment of tax in respect of donations
- 848A Donations to approved bodies
- PART 36A Special Savings Incentive Accounts
- 848B Interpretation
- 848C Special savings incentive account
- 848D Tax credits
- 848E Payment of tax credit
- 848F Declaration on commencement
- 848G Acquisition of qualifying assets
- 848H Termination of special savings incentive account
- 848I Declaration on maturity
- 848J Gain on maturity
- 848K Gain on cessation
- 848L Gain on withdrawal
- 848M Taxation of gains
- 848N Transfer of special savings incentive account
- 848O Declaration on transfer
- 848P Monthly returns
- 848Q Annual returns
- 848QA Other returns
- 848R Registration etc
- 848S Regulations
- 848T Offences
- 848U Disclosure of information
- PART 36B Pensions: Incentive tax credits
- 848V Interpretation (Part 36B)
- 848W Transfer of funds on maturity of SSIA
- 848X Declaration
- 848Y Entitlement to pension tax credit
- 848Z Tax credits
- 848AA Payment of tax credits
- 848AB Monthly return
- 848ABA Withdrawal of tax credits
- 848AC Other returns
- 848AD Registration and audit of administrators
- 848AE Regulations (Part 36B)
- 848AF Offences (Part 36B)
- 848AG Retention of declarations
- PART 37 Administration
- 849 Taxes under care and management of Revenue Commissioners
- 850 Appeal Commissioners
- 851 Collector-General
- 851A Confidentiality of Taxpayer Information
- 851B Use of, and access to, taxpayer information
- 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
- 864A Electronic Claims
- 865 Repayment of tax
- 865A Interest on Repayments
- 865B No offset where repayment prohibited
- 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 a person is a Commissioner or officer
- 874 Limitation of penalties on officers employed in execution of Tax Acts and Capital Gains Tax Acts
- 874A Prescribing of forms etc.
- 875 Exemption of appraisements and valuations from stamp duty
- PART 38 Returns of Income and Gains, Other Obligations and Returns, and Revenue Powers
- CHAPTER 3 Other obligations and returns
- 885 Obligation to show tax reference number on receipts
- 886 Obligation to keep certain records
- 886A Retention and inspection of records in relation to claims by individuals
- 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
- 891A Returns of interest paid to non-residents
- 891B Returns of certain payments made by certain persons
- 891C Returns of certain information by investment undertakings
- 891D Return of payment transactions by payment settlers
- 891E Implementation of the Agreement to Improve Tax Compliance and Provide for Reporting and Exchange of Information concerning Tax Matters
- 891F Returns of certain information by financial institutions
- 891G Implementation of Council Directive 2014/107/EU of 9 December 2014 amending Directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation Returns of certain information by financial institutions
- 891GA Disclosure of certain information for the purposes of administrative cooperation in the field of taxation
- 891H Country-by-country reporting
- 892 Returns by nominee holder of securities
- 893 Returns by certain intermediaries in relation to UCITS
- 894 Returns of certain information by third parties
- 894A Returns by third parties in relation to personal reliefs.
- 895 Returns in relation to foreign accounts
- 896 Returns in relation to certain offshore products
- 896A Returns in relation to settlements and trustees
- 896B Provision of information by National Transport Authority
- 896C
- 897 Returns of employees’ emoluments, etc
- 897A Returns by employers in relation to pension products
- 897B Returns of information in respect of awards of shares to directors and employees
- 898 Returns of copies of rates and production of certain valuations
- 898A Format of returns etc.
- CHAPTER 3A Implementation of Council Directive 2003/48/EC of 3 June 2003 on the Taxation of Savings Income in the Form of Interest Payments and Related Matters
- 898B Interpretation (Chapter 3A)
- 898C Beneficial owner
- 898D Paying agent and residual entity
- 898E Interest payments
- 898F Obligations of paying agents where contractual relations entered into before 1 January 2004
- 898G Obligations of paying agents in other contractual relations entered into
- 898H Returns of interest payments made to or secured for beneficial owners
- 898I Returns of interest payments to residual entities
- 898J Exchange of information between Member States
- 898K Special arrangements for certain securities
- 898L Certificate for the purposes of Article 13.2 of the Directive
- 898M Credit for withholding tax
- 898N Audit
- 898O Penalty for failure to make returns, etc.
- 898P Arrangements with dependant and associated territories of Member States
- 898Q Miscellaneous and supplemental
- 898R Commencement (Chapter 3A)
- 898S Cessation
- CHAPTER 4 Revenue Powers
- 899 Inspector’s right to make enquiries
- 900 Power to call for production of books, information, etc
- 901 Application to High Court: production of books, information, etc
- 902 Information to be furnished by third party: request of an authorised officer
- 902A Application to High Court: information from third party
- 902B Power of inspection: life policies
- 903 Power of inspection: PAYE
- 904 Power of inspection: tax deduction from payments to certain subcontractors
- 904A Power of inspection: returns and collection of appropriate tax
- 904B Report of Committee of Public Accounts: publication etc.
- 904C Power of inspection (returns and collection of appropriate tax) assurance companies
- 904D Power of inspection (returns and collection of appropriate tax) investment undertakings
- 904E Power of inspection: claims by authorised insurers
- 904F Power of inspection: claims by qualifying lenders
- 904G Power of inspection: claims by qualifying insurers
- 904H Power of inspection: qualifying savings managers
- 904I Power of inspection: returns and collection of dividend withholding tax.
- 904J Power of inspection: tax deduction from payments in respect of professional services by certain persons
- 904K Power of inspection: notices of attachment
- 905 Inspection of documents and records
- 906 Authorised officers and Garda Síochána
- 906A Information to be furnished by financial institutions
- 907 Application to Appeal Commissioners: information from financial institutions
- 907A Application to Appeal Commissioners: information from third party
- 908 Application to High Court seeking order requiring information: financial institutions
- 908A Revenue offence: power to obtain information from financial institutions
- 908B Application to High Court seeking order requiring information: associated institutions
- 908C Search warrants
- 908D Order to produce evidential material
- 908E Order to produce documents or provide information
- 908F Privileged legal material
- 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
- 912A Information for tax authorities in other territories
- 912B Questioning of Suspects in Garda Síochána Custody in certain circumstances
- 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
- 917A Return of property transfers to non-resident trustees
- 917B Return by settlor in relation to non-resident trustees
- 917C Return by certain trustees
- CHAPTER 6 Electronic transmission of returns of income, profits, etc., and of other revenue returns
- 917D Interpretation (Chapter 6)
- 917E Application
- 917EA Mandatory electronic filing and payment of tax
- 917F Electronic transmission of returns
- 917G Approved persons
- 917H Approved transmissions
- 917I Digital signatures
- 917J Acknowledgement of electronic transmissions
- 917K Hard copies
- 917L Exercise of powers
- 917M Proceedings
- 917N Miscellaneous
- 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
- 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
- 944A Publication of determinations of Appeal Commissioners
- 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 41A Assessing Rules Including Rules for Self Assessment
- CHAPTER 2 Assessments: General Rules
- 959C Making of assessments: general rules
- 959D Record of assessments and generation of notices by electronic means
- 959E Notice of assessment by Revenue officer
- 959F Double assessment
- 959G Transmission to Collector-General of particulars of sums to be collected
- 959H Amended assessment and notice of amended assessment
- CHAPTER 3 Chargeable Persons: Returns
- 959I Obligation to make a return
- 959J Requirements for returns for income tax and capital gains tax purposes
- 959K Requirements for returns for corporation tax purposes
- 959L Delivery of return by person acting under authority
- 959M Delivery of return by precedent partner
- 959N Exclusion from obligation to deliver a return
- 959O Failure to deliver a return
- 959P Expression of doubt
- 959Q Miscellaneous (Chapter 3)
- CHAPTER 4 Chargeable Persons: Self-Assessments
- 959R Inclusion of self assessment in return
- 959S Option for self assessment to be made by Revenue
- 959T Self assessment by person acting under authority
- 959U Self assessment by Revenue officer in relation to chargeable person
- 959V Amendment by chargeable person of return and of self assessment in return
- 959W Making of self assessment in accordance with return
- 959X Penalty for failure to make or amend self assessment
- CHAPTER 5 Revenue Assessments and Enquiries and Related Time Limits
- 959Y Chargeable persons and other persons: assessment made or amended by Revenue officer
- 959Z Right of Revenue officer to make enquiries
- 959AA Chargeable persons: time limit on assessment made or amended by Revenue officer
- 959AB Persons other than chargeable persons: time limit on Revenue assessment and amended assessment
- 959AC Chargeable persons: Revenue assessment and amendment of assessments in absence of returns
- 959AD Chargeable persons and other persons: Revenue assessment and amendment of assessments where there is fraud or neglect
- 959AE Other Revenue assessments and miscellaneous matters
- CHAPTER 6 Appeals
- 959AF Chargeable persons and other persons: appeal in relation to time limit on assessment made or amended by Revenue officer
- 959AH Chargeable persons: requirement to submit return and pay tax
- 959AI Chargeable persons and other persons: no appeal against agreed amounts
- 959AJ Chargeable persons and other persons: grounds for appeal
- 959AK Chargeable persons and other persons: appeal against amended assessment
- 959AL Persons other than chargeable persons: other rules
- CHAPTER 7 Chargeable Persons: Preliminary Tax and Dates for Payment of Tax
- 959AM Interpretation and miscellaneous (Chapter 7)
- 959AN Obligation to pay preliminary tax
- 959AO Date for payment of income tax
- 959AP Payment of preliminary tax by direct debit
- 959AQ Date for payment of capital gains tax
- 959AR Date for payment of corporation tax: companies other than with relevant accounting periods
- 959AS Date for payment of corporation tax: companies with relevant accounting periods
- 959AT Date for payment of corporation tax: groups
- 959AU Date for payment of tax: amended assessments
- 959AV Date for payment of tax: determination of an appeal
- 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 1B Collection of tax, etc.
- 960C Tax to be due and payable to Revenue Commissioners
- 960D Tax to be debt due to Minister for Finance
- 960E Collection of tax, issue of demands, etc.
- 960EA Payment of tax by relevant payment methods
- 960F Moneys received for capital acquisitions tax and stamp duties and not appropriated to be recoverable
- 960G Duty of taxpayer to identify liability against which payment to be set, etc.
- 960H Offset between taxes
- CHAPTER 1C Recovery provisions, evidential rules, etc.
- 960I Recovery of tax by way of civil proceedings
- 960J Evidential and procedural rules
- 960K Judgments for recovery of tax
- 960L Recovery by sheriff or county registrar
- 960M Taking by Collector-General of proceedings in bankruptcy
- 960N Continuance of pending proceedings and evidence in proceedings
- 960O Winding-up of companies: priority for taxes
- 960P Bankruptcy: priority for taxes
- 960Q Recovery of amounts received by a person following the lodgement of an incorrect account, etc.
- 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 section 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
- 985A Application of section 985 to certain perquisites etc.
- 985B PAYE Settlement agreements
- 985C PAYE Payment by Intermediary
- 985D PAYE Non-resident employer
- 985E PAYE Employment not wholly exercised in the State
- 985F PAYE Mobile workers
- 985G Return by employer
- 985H Exceptional circumstances
- 986 Regulations
- 986A Payment made without deduction of income tax
- 987 Penalties for breach of regulations
- 988 Registration of certain persons as employers and requirement to send certain notifications Section 988A Register of employees
- 989 Estimation of tax due for income tax months
- 990 Assessments of tax due
- 990A Generation of estimates by electronic, photographic or other process
- 991 Interest
- 991A Payment of tax by direct debit
- 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)
- 997A Credit in respect of tax deducted from emoluments of certain directors
- 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 section 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
- 1003A Payment of tax by means of donation of heritage property to an Irish heritage trust or the Commissioners of Public Works in Ireland
- 1004 Unremittable income
- 1005 Unremittable gains
- 1006 Poundage and certain other fees due to sheriffs or county registrars
- 1006A Offset between taxes
- 1006B Appropriation of payments
- 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
- PART 44A Tax Treatment of Civil Partnerships
- CHAPTER 1 Income Tax
- 1031A Interpretation (Chapter 1)
- 1031B Assessment as single persons
- 1031C Assessment of nominated civil partner in respect of income of both civil partners.
- 1031D Election for assessment under section 1031C
- 1031E Special provisions relating to year of registration of civil partnership
- 1031F Repayment of tax in case of certain civil partners
- 1031G Special provisions relating to tax on individual’s civil partner’s income
- 1031H Application for separate assessments
- 1031I Method of apportioning reliefs and charging tax in cases of separate assessments
- 1031J Maintenance of civil partners living apart
- 1031K Dissolution or annulment of civil partnerships: adaptation of provisions relating to civil partners
- 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
- 1035A Relieving provisions to section 1035
- 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
- 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 Penalties in the case of a secretary of a 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)
- 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
- 1093A Disclosure of certain information to Minister for Enterprise, Trade and Employment, etc.
- 1094 Tax clearance certificates in relation to certain licences
- 1095 Tax clearance certificates: general scheme
- 1096 Assessment of Electricity Supply Board
- 1096A Construction of references to oaths, etc
- 1096B Evidence of computer stored records in court proceedings, etc.
- 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 2A: Dividend Withholding Tax
- Schedule 2B: Investment Undertakings Declarations
- Schedule 2C: Irish Real Estate Funds: Declarations
- 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 4A
- 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 8A: Description of Qualifying Rural Areas
- Schedule 8B: Description of Qualifying Mid-Shannon areas
- Schedule 9: Change of 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 12A: Approved Savings-Related Share Option Schemes
- Schedule 12B: Certified Contractual Savings Schemes
- Schedule 12C: Approved Share Option Schemes
- 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 17A: Accounting Standards
- Schedule 18: Accounting for and Payment of Tax Deducted from Relevant Payments and Undistributed Relevant Income
- Schedule 18A: Restriction on Set-off of Pre-entry Losses
- Schedule 18B: Tonnage Tax
- 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 23A: Specified Occupations and Professions
- Schedule 23B: Limit on Tax-relieved Pension Funds
- Schedule 23C: Pre-Retirement Access to PRSA AVCs
- Schedule 24: Relief from Income Tax and Corporation Tax by Means of Credit in Respect of Foreign Tax
- Schedule 24A: Arrangements made by the Government with the Government of any Territory Outside the State in Relation to Affording Relief from Double Taxation and Exchanging Information in Relation to 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 25A: Exemption from Tax in the Case of Gains on Certain Disposals of Shares
- Schedule 25B: List of Specified Reliefs and Method of Determining Amount of Specified Relief Used in a Tax Year
- Schedule 25C: Determination of Amount of Relief to be Treated as Referable to Specified Reliefs as Respects Relief Carried Forward from Tax Year 2006 to 2007
- Schedule 26: Replacement of Harbour Authorities by Port Companies
- Schedule 26A: Donations to Approved Bodies
- 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, 1054 and 1077E
- Schedule 30: Repeals
- Schedule 31: Consequential Amendments
- Schedule 32: Transitional Provisions
- Schedule 33: Specific Anti-Avoidance Provisions for the Purposes of Part 33