Number 39/1997: TAXES CONSOLIDATION ACT, 1997

Next (PART 1 Interpretation)

39 1997

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Number 39 of 1997

TAXES CONSOLIDATION ACT, 1997

ARRANGEMENT OF PARTS, CHAPTERS AND SCHEDULES

INTERPRETATION AND BASIC CHARGING PROVISIONS

PART 1

Interpretation

PART 2

The Charge to tax

CHAPTER 1	Income tax
CHAPTER 2	Corporation tax
CHAPTER 3	Capital gains tax

INCOME TAX AND CORPORATION TAX: THE MAIN PROVISIONS

PART 3

Provisions Relating to the Schedule C Charge and Government and Other Public Securities

CHAPTER 1	Principal provisions relating to the Schedule C charge
CHAPTER 2	Government and other public securities: interest payable without deduction of tax
CHAPTER 3	Government and other public securities: exemptions from tax
CHAPTER 4	Miscellaneous provisions

PART 4

Principal Provisions Relating to the Schedule D Charge

CHAPTER 1	Supplementary charging provisions
CHAPTER 2	Foreign dividends
CHAPTER 3	Income tax: basis of assessment under Cases I and II
CHAPTER 4	Income tax: basis of assessment under Cases III, IV and
CHAPTER 5	Computational provisions: corporation tax
CHAPTER 6	Computational provisions: general
CHAPTER 7	Special measures on discontinuance of, and change of sis of computation of profits or gains of, a trade or profession
CHAPTER 8	Taxation of rents and certain other payments
CHAPTER 9	Miscellaneous provisions

PART 5

Principal Provisions Relating to the Schedule E Charge

CHAPTER 1	Basis of assessment, persons chargeable and extent of charge
CHAPTER 2	Computational provisions
CHAPTER 3	Expenses allowances and provisions relating to the general benefits in kind charge
CHAPTER 4	Other benefit in kind charges
CHAPTER 5	Miscellaneous charging provisions

PART 6

Company Distributions, Tax Credits, Franked Investment Income and Advance Corporation Tax

CHAPTER 1	Taxation of company distributions
CHAPTER 2	Meaning of distribution
CHAPTER 3	Distributions and tax credits— general
CHAPTER 4	Distributions out of certain exempt profits or gains or out of certain relieved income
CHAPTER 5	Distributions out of certain income of manufacturing companies
CHAPTER 6	Distributions— supplemental
CHAPTER 7	Franked investment income
CHAPTER 8	Advance corporation tax
CHAPTER 9	Taxation of acquisition by a company of its own shares

PART 7

Income Tax and Corporation Tax Exemptions

CHAPTER 1	Income tax
CHAPTER 2	Corporation tax
CHAPTER 3	Income tax and corporation tax

PART 8

Annual Payments, Charges and Interest

CHAPTER 1	Annual payments
CHAPTER 2	Charges on income for corporation tax purposes
CHAPTER 3	Principal provisions relating to the payment of interest
CHAPTER 4	Interest payments by certain deposit takers

PART 9

Principal Provisions Relating to Relief for Capital Expenditure

CHAPTER 1	Industrial buildings or structures: industrial building allowances, writing-down allowances, balancing allowances and balancing charges
CHAPTER 2	Machinery or plant: initial allowances, wear and tear allowances, balancing allowances and balancing charges
CHAPTER 3	Dredging: initial allowances and annual allowances
CHAPTER 4	Miscellaneous and general

PART 10

Income Tax and Corporation Tax: Reliefs for Renewal and Improvement of Certain Urban Areas, Certain Resort Areas and Certain Islands

CHAPTER 1	Custom House Docks Area
CHAPTER 2	Temple Bar Area
CHAPTER 3	Designated areas, designated streets, enterprise areas and multi-storey car parks in certain urban areas
CHAPTER 4	Qualifying resort areas
CHAPTER 5	Designated islands
CHAPTER 6	Dublin Docklands Area

PART 11

Capital Allowances and Expenses for Certain Road Vehicles

PART 12

Principal Provisions Relating to Loss Relief, Treatment of Certain Losses and Capital Allowances, and Group Relief

CHAPTER 1	Income tax: loss relief
CHAPTER 2	Income tax: loss relief— treatment of capital allowances
CHAPTER 3	Corporation tax: loss relief
CHAPTER 4	Income tax and corporation tax: treatment of certain losses and certain capital allowances
CHAPTER 5	Group relief

PART 13

Close Companies

CHAPTER 1	Interpretation and general
CHAPTER 2	Additional matters to be treated as distributions, charges to tax in respect of certain loans and surcharges on certain undistributed income

PART 14

Taxation of Companies Engaged in Manufacturing Trades, Certain Trading Operations Carried on in Shannon Airport and Certain Trading Operations Carried on in the Custom House Docks Area

CHAPTER 1	Interpretation and general
CHAPTER 2	Principal provisions

PART 15

Personal Allowances and Reliefs and Certain Other Income Tax and Corporation Tax Reliefs

CHAPTER 1	Personal allowances and reliefs
CHAPTER 2	Income tax and corporation tax: reliefs applicable to both
CHAPTER 3	Corporation tax reliefs

PART 16

Income Tax Relief for Investment in Corporate Trades— Business Expansion Scheme and Seed Capital Scheme

PART 17

Profit Sharing Schemes and Employee Share Ownership Trusts

CHAPTER 1	Profit sharing schemes
CHAPTER 2	Employee share ownership trusts

PART 18

Payments in Respect of Professional Services By Certain Persons and Payments to Subcontractors in Certain Industries

CHAPTER 1	Payments in respect of professional services by certain persons
CHAPTER 2	Payments to subcontractors in certain industries

TAXATION OF CHARGEABLE GAINS

PART 19

Principal Provisions Relating to Taxation of Chargeable Gains

CHAPTER 1	Assets and acquisitions and disposals of assets
CHAPTER 2	Computation of chargeable gains and allowable losses
CHAPTER 3	Assets held in a fiduciary or representative capacity inheritances and settlements
CHAPTER 4	Shares and securities
CHAPTER 5	Life assurance and deferred annuities
CHAPTER 6	Transfer of business assets
CHAPTER 7	Other reliefs and exemptions

PART 20

Companies' Chargeable Gains

CHAPTER 1	General
CHAPTER 2	Provisions where companies cease to be resident in the State

PART 21

Mergers, Divisions, Transfers Of Assets and Exchanges Of Shares Concerning Companies Of Different Member States

TRANSACTIONS IN LAND

PART 22

Provisions Relating to Dealing in or Developing Land and Disposals of Development Land

CHAPTER 1	Income tax and corporation tax: profits or gains from dealing in or developing land
CHAPTER 2	Capital gains tax: disposals of development land

OTHER SPECIAL PROVISIONS

PART 23

Farming and Market Gardening

CHAPTER 1	Interpretation and general
CHAPTER 2	Farming: relief for increase in stock values

PART 24

Taxation of Profits of Certain Mines and Petroleum Taxation

CHAPTER 1	Taxation of profits of certain mines
CHAPTER 2	Petroleum taxation

PART 25

Industrial and Provident Societies, Building Societies, and Trustee Savings Banks

CHAPTER 1	Industrial and provident societies
CHAPTER 2	Building societies
CHAPTER 3	Trustee savings banks

PART 26

Life Assurance Companies

CHAPTER 1	General provisions
CHAPTER 2	Special investment policies
CHAPTER 3	Provisions applying to overseas life assurance companies

PART 27

Unit Trusts and Offshore Funds

CHAPTER 1	Unit trusts
CHAPTER 2	Offshore funds

PART 28

Purchase and Sale of Securities

CHAPTER 1	Purchase and sale of securities
CHAPTER 2	Purchases of shares by financial concerns and persons exempted from tax, and restriction on relief for losses by repayment of tax in case of dividends paid out of accumulated profits

PART 29

Patents, Scientific and Certain Other Research, Know-How and Certain Training

CHAPTER 1	Patents
CHAPTER 2	Scientific and certain other research
CHAPTER 3	Know-how and certain training

PART 30

Occupational Pension Schemes, Retirement Annuities, Purchased Life Annuities and Certain Pensions

CHAPTER 1	Occupational pension schemes
CHAPTER 2	Retirement annuities
CHAPTER 3	Purchased life annuities
CHAPTER 4	Miscellaneous

PART 31

Taxation of Settlors, Etc., In Respect of Settled or Transferred Income

CHAPTER 1	Revocable dispositions for short periods and certain dispositions in favour of children
CHAPTER 2	Settlements on children generally

PART 32

Estates of Deceased Persons in Course of Administration and Surcharge on Certain Income of Trustees

CHAPTER 1	Estates of deceased persons in course of administration
CHAPTER 2	Surcharge on certain income of trustees

PART 33

Anti-Avoidance

CHAPTER 1	Transfer of assets abroad
CHAPTER 2	Miscellaneous

PART 34

Provisions Relating to the Residence of Individuals

PART 35

Double Taxation Relief

CHAPTER 1	Principal reliefs
CHAPTER 2	Miscellaneous

PART 36

Miscellaneous Special Provisions

MANAGEMENT PROVISIONS

PART 37

Administration

PART 38

Returns of Income and Gains, Other Obligations and Returns, and Revenue Powers

CHAPTER 1	Income tax: returns of income
CHAPTER 2	Corporation tax: returns of profits
CHAPTER 3	Other obligations and returns
CHAPTER 4	Revenue powers
CHAPTER 5	Capital gains tax: returns, information, etc.

PART 39

Assessments

CHAPTER 1	Income tax and corporation tax
CHAPTER 2	Provision against double assessment and relief for error or mistake
CHAPTER 3	Capital gains tax

PART 40

Appeals

CHAPTER 1	Appeals against income tax and corporation tax assessments
CHAPTER 2	Appeals against capital gains tax assessments
CHAPTER 3	Miscellaneous

PART 41

Self Assessment

PART 42

Collection and Recovery

CHAPTER 1	Income tax
CHAPTER 2	Corporation tax
CHAPTER 3	Capital gains tax
CHAPTER 4	Collection and recovery of income tax on certain emoluments (PAYE system)
CHAPTER 5	Miscellaneous provisions

PART 43

Partnerships and European Economic Interest Groupings (EEIG)

PART 44

Married, Separated and Divorced Persons

CHAPTER 1	Income tax
CHAPTER 2	Capital gains tax

PART 45

Charging and Assessing of Non-Residents

CHAPTER 1	Income tax and corporation tax
CHAPTER 2	Capital gains tax

PART 46

Persons Chargeable in a Representative Capacity

CHAPTER 1	Income tax and corporation tax
CHAPTER 2	Capital gains tax

PART 47

Penalties, Revenue Offences, Interest on Overdue Tax and Other Sanctions

CHAPTER 1	Income tax and corporation tax penalties
CHAPTER 2	Other corporation tax penalties
CHAPTER 3	Capital gains tax penalties
CHAPTER 4	Revenue offences
CHAPTER 5	Interest on overdue tax
CHAPTER 6	Other sanctions

PART 48

Miscellaneous and Supplemental

PART 49

Commencement, Repeals, Transitional Provisions, Etc

SCHEDULE 1

Supplementary Provisions Concerning the Extension of Charge to Tax to Profits and Income Derived From Activities Carried on and Employments Exercised on the Continental Shelf

SCHEDULE 2

Machinery for Assessment, Charge and Payment of Tax Under Schedule C and, in Certain Cases, Schedule D

SCHEDULE 3

Reliefs in Respect of Income Tax Charged on Payments on Retirement, Etc

SCHEDULE 4

Exemption of Specified Non-Commercial State Sponsored Bodies From Certain Tax Provisions

SCHEDULE 5

Description of Custom House Docks Area

SCHEDULE 6

Description of Temple Bar Area

SCHEDULE 7

Description of Certain Enterprise Areas

SCHEDULE 8

Description of Qualifying Resort Areas

SCHEDULE 9

Change in Ownership of Company: Disallowance of Trading Losses

SCHEDULE 10

Relief for Investment in Corporate Trades: Subsidiaries

SCHEDULE 11

Profit Sharing Schemes

SCHEDULE 12

Employee Share Ownership Trusts

SCHEDULE 13

Accountable Persons for purposes of Chapter 1 of Part 18

SCHEDULE 14

Capital Gains Tax: Leases

SCHEDULE 15

List of Bodies for Purposes of Section 610

SCHEDULE 16

Building Societies: Change of Status

SCHEDULE 17

Reorganisation into Companies of Trustee Savings Banks

SCHEDULE 18

Accounting for and Payment of Tax Deducted from Relevant Payments and Undistributed Relevant Income

SCHEDULE 19

Offshore Funds: Distributing Funds

SCHEDULE 20

Offshore Funds: Computation of Offshore Income Gains

SCHEDULE 21

Purchase and Sale of Securities: Appropriate Amount in Respect of the Interest

SCHEDULE 22

Dividends Regarded as Paid Out of Profits Accumulated Before Given Date

SCHEDULE 23

Occupational Pension Schemes

SCHEDULE 24

Relief from Income Tax and Corporation Tax by Means of Credit in Respect of Foreign Tax

SCHEDULE 25

Convention Between the Government of Ireland and the Government of the United States of America for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income

SCHEDULE 26

Replacement of Harbour Authorities by Port Companies

SCHEDULE 27

Forms of Declarations to be Made by Certain Persons

SCHEDULE 28

Statements, Lists and Declarations

SCHEDULE 29

Provisions Referred to in Sections 1052, 1053 and 1054

SCHEDULE 30

Repeals

SCHEDULE 31

Consequential Amendments