TAXES CONSOLIDATION ACT, 1997

Type Act
Publication 1997-11-30
Last updated 2026-07-15
State Partially repealed superseded text
Text As published
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articles 1104

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

375 amending acts · 2026-07-15, NATIONAL TREASURY MANAGEMENT AGENCY (MISCELLANEOUS PROVISIONS) ACT 2026

Act to consolidate enactments relating to income tax, corporation tax and capital gains tax, including certain enactments relating also to other taxes and duties

Reform history JSON API
  • (b) the retaining of the amount shall be deemed to be a payment of the income tax by the persons entitled to the dividends and shall be allowed by those persons on the receipt of the residue of the dividends, and
  • (c) the Bank of Ireland shall be acquitted and discharged of a sum equal to the amount retained as though that sum had been actually paid.
8.

Money set apart or retained under paragraph 7 shall be paid into the general account of the Revenue Commissioners at the Bank of Ireland, and every such payment shall be accompanied by a certificate, under the hands of 2 or more of the Commissioners who made the assessment, of the amount of the assessment under which the payment is made.

9.

Where the Bank of Ireland does all such things as are necessary to enable the income tax to be assessed and paid in respect of British Government Stocks and India Stocks inscribed in its books in Dublin, the Bank shall receive as remuneration an allowance, to be calculated by reference to the amount of dividends paid in respect of such Stocks from which income tax is deducted, and to be fixed by the Minister for Finance.

10.

Except where otherwise provided in any other enactments in force at the commencement of this Act, no assessment, charge or deduction of income tax under this Part of this Schedule shall be made where any half-yearly payment in respect of any dividends does not exceed £2.50, but such dividends shall be assessed and charged under Case III of Schedule D.

PART 3

Public revenue dividends payable by public offices and departments

11.

Public revenue dividends payable by any public office or Department of State shall be charged under Schedule C by the Revenue Commissioners.

12.

The Revenue Commissioners shall exercise the like powers and duties as are possessed by Commissioners empowered to charge dividends payable out of the public revenue in other cases.

13.

When any payments of dividends referred to in paragraph 11 are made, the income tax on those payments shall be computed and certified to the proper officer for payment, who shall retain the tax and pay the tax into the general account of the Revenue Commissioners at the Bank of Ireland.

PART 4

Other public revenue dividends, dividends to which Chapter 2 of Part 4 applies, proceeds of coupons and price paid on purchase of coupons

14.

(1) Every person, being—

  • (a) a person (other than the Bank of Ireland) entrusted with the payment of any dividends payable to any persons in the State out of any public revenue other than that of the State,
  • (b) a person in the State entrusted with the payment of any dividends to which Chapter 2 of Part 4 applies,
  • (c) a banker or other person in the State who obtains payment of any dividends in such circumstances that the dividends are chargeable to income tax under Schedule C or, in the case of dividends to which Chapter 2 of Part 4 applies, under Schedule D,
  • (d) a banker in the State who sells or otherwise realises coupons in such manner that the proceeds of the sale or realisation are chargeable to income tax under Schedule C or, in the case of dividends to which Chapter 2 of Part 4 applies, under Schedule D, and
  • (e) a dealer in coupons in the State who purchases coupons in such manner that the price paid on the purchase is chargeable to income tax under Schedule C or, in the case of dividends to which Chapter 2 of Part 4 applies, under Schedule D,

shall, within one month after being so required by notice published in Iris Oifigiúil, deliver to the Revenue Commissioners an account in writing giving such person's name and residence and a description of those dividends or proceeds or that price paid on purchase, and shall also, on demand by the inspector authorised for that purpose by the Revenue Commissioners, deliver to that inspector true and perfect accounts of the amount of all such dividends, proceeds or price paid on purchase.

  • (2) The accounts referred to in subparagraph (1) shall distinguish the separate accounts of each of the persons entitled to receive such dividends, proceeds or price paid on purchase, and state the name and address of each such person, and give particulars of the amounts payable and, in the case of amounts payable out of any public revenue other than that of the State, of the public revenue out of which each separate amount is payable.
15.

Any person mentioned in clauses (a) to (e) of paragraph 14(1) is referred to in this Part as a “chargeable person”.

16.

The Revenue Commissioners shall—

  • (a) have all necessary powers in relation to the examining, auditing, checking and clearing the books and accounts of dividends, proceeds or price paid on purchase delivered under paragraph 14,
  • (b) assess and charge the dividends, proceeds or price paid on purchase at the rate of income tax in force at the time of payment, but reduced by the amount of the exemptions (if any) allowed by the Revenue Commissioners, and
  • (c) give notice of the amount so assessed and charged to the chargeable person.
17.

The chargeable person shall out of the moneys in that person's hands pay the income tax on the dividends, proceeds or price paid on purchase on behalf of the persons entitled to the dividends, proceeds or price paid on purchase, and shall be acquitted in respect of all such payments, and the Income Tax Acts shall apply as in the case of dividends payable out of the public revenue of the State and entrusted to the Bank of Ireland for payment and distribution.

18.

The chargeable person shall pay the income tax into the general account of the Revenue Commissioners at the Bank of Ireland, and in default of payment the income tax shall be recovered from the chargeable person in the like manner as other income tax assessed and charged on that person may be recovered.

19.

A chargeable person who does all such things as are necessary to enable the income tax to be assessed and paid shall receive as remuneration an allowance, to be calculated by reference to the amount of the dividends, proceeds or price paid on purchase paid from which tax has been deducted, and to be fixed by the Minister for Finance at a rate not being less than £0.675 for every £1,000 of that amount.

20.

Notwithstanding anything to the contrary in the Income Tax Acts, where the Bank of Ireland (in this paragraph referred to as “the Bank”) is entrusted with the payment of any dividends which are payable to any persons in the State out of any public revenue other than that of the State, this Part shall apply to the Bank and, where the Bank does all things required by this Part to be done by a person entrusted with the payment of such dividends, remuneration shall be payable to the Bank in accordance with paragraph 19.

21.

Nothing in this Part shall impose on any banker the obligation to disclose any particulars relating to the affairs of any person on whose behalf that banker may be acting.

22.

Where income tax in respect of the proceeds of the sale or realisation of any coupon or in respect of the price paid on the purchase of any coupon has been accounted for under this Part by any banker or any dealer in coupons and the Revenue Commissioners are satisfied that the dividends payable on the coupons in relation to which such proceeds or such price arises have been subsequently paid in such manner that income tax has been deducted from such dividends under any of the provisions of this Schedule, the income tax so deducted shall be repaid.

PART 5

Relief from obligation to pay tax on certain interest, dividends and other annual payments in the case of persons entrusted with payment

23.

When any interest, dividends or other annual payments payable out of any public revenue other than that of the State, or in respect of the stocks, funds, shares or securities of any body of persons not resident in the State, are entrusted to any person in the State for payment to any person in the State, the Revenue Commissioners shall have power to relieve the person so entrusted with payment from the obligation to pay the income tax on such interest, dividends or other annual payments imposed on such person by section 17 and Chapter 1 of Part 3, or Chapter 2 of Part 4 and this Schedule.

24.

When granting the relief referred to in paragraph 23 the Revenue Commissioners shall have power to prescribe any conditions which may appear to them to be necessary to ensure the assessment and payment of any income tax assessable and payable in respect of such interest, dividends or other annual payments under the Income Tax Acts.

25.

A letter signed by a Secretary or an Assistant Secretary of the Revenue Commissioners stating that the Revenue Commissioners have exercised all or any of the powers conferred by this Part on them or the publication of a notice to that effect in Iris Oifigiúil shall be sufficient evidence that they have done so.

26.

When, under the powers conferred on the Revenue Commissioners by this Part, the person entrusted with the payment of the interest, dividends or other annual payments is relieved from payment of the income tax on such interest, dividends or other annual payments, that tax shall be assessable and chargeable under the appropriate case of Schedule D on the person entitled to receive such interest, dividends or other annual payments and shall be payable by that person.

27.

Where the person entrusted with the payment of the interest, dividends or other annual payments complies with the conditions prescribed by the Revenue Commissioners under paragraph 24, such person shall be entitled to receive as remuneration an allowance, to be calculated by reference to the amount of the dividends, interest or other annual payments in respect of which such conditions have been complied with, and to be fixed by the Minister for Finance at a rate or rates not being in any case less than £0.675 for every £1,000 of that amount.

SCHEDULE 3 Reliefs in Respect of Income Tax Charged on Payments on Retirement, Etc

[ITA67 Sch3; FA80 s10(2); FA90 s12; FA93 s8(b)]

PART 1

Interpretation and preliminary

1.

(1) In this Schedule—

“the relevant capital sum in relation to an office or employment” means, subject to subparagraph (2), the aggregate of—

  • (a) the amount of any lump sum (not chargeable to income tax) received,
  • (b) the amount equal to the value at the relevant date of any lump sum (not chargeable to income tax) receivable, and
  • (c) the amount equal to the value at the relevant date of any lump sum (not chargeable to income tax) which, on the exercise of an option or a right to commute, in whole or in part, a pension in favour of a lump sum, may be received in the future,

by the holder in respect of the office or employment in pursuance of any scheme or fund described in section 778(1);

“the standard capital superannuation benefit”, in relation to an office or employment, means a sum determined as follows:

  • (a) the average for one year of the holder's emoluments of the office or employment for the last 3 years of his or her service before the relevant date (or for the whole period of his or her service if less than 3 years) shall be ascertained,
  • (b) one-fifteenth of the amount ascertained in accordance with clause (a) shall be multiplied by the whole number of complete years of the service of the holder in the office or employment, and
  • (c) an amount equal to the relevant capital sum in relation to the office or employment shall be deducted from the product determined in accordance with clause (b).
  • (2)
  • (a) The relevant capital sum in relation to an office or employment shall include the amount mentioned in clause (c) of the definition of “the relevant capital sum in relation to an office or employment” whether or not the option or right referred to in that clause is exercised.
  • (b) Where, under the conditions or terms of any scheme or fund described in section 778(1), the holder of the office or employment is entitled to surrender irrevocably the option or right referred to in clause (c) of the definition of “the relevant capital sum in relation to an office or employment” and has done so at the relevant date, the relevant capital sum in relation to an office or employment shall not include the amount mentioned in that clause.
2.

Any reference in this Schedule to a payment in respect of which income tax is chargeable under section 123 is a reference to so much of that payment as is chargeable to tax after deduction of the relief applicable to that payment under section 201(5).

3.

Any reference in this Schedule to the amount of income tax to which a person is or would be chargeable is a reference to the amount of income tax to which the person is or would be chargeable either by assessment or by deduction.

4.

Relief shall be allowed in accordance with this Schedule in respect of income tax chargeable by virtue of section 123 where a claim is duly made in accordance with section 201.

5.

A claimant shall not be entitled to relief under this Schedule in respect of any income the tax on which he or she is entitled to charge against any other person, or to deduct, retain or satisfy out of any payment which he or she is liable to make to any other person.

PART 2

Relief by reduction of sums chargeable

6.

In computing the charge to tax in respect of a payment chargeable to income tax under section 123, a sum equal to the amount (if any) by which the standard capital superannuation benefit for the office or employment in respect of which the payment is made exceeds the basic exemption shall be deducted from the payment.

7.

Where income tax is chargeable under section 123 in respect of 2 or more payments to which paragraph 6 applies, being payments made to or in respect of the same person in respect of the same office or employment or in respect of different offices or employments held under the same employer or under associated employers, then—

  • (a) paragraph 6 shall apply as if those payments were a single payment of an amount equal to their aggregate amount and, where they are made in respect of different offices or employments, as if the standard capital superannuation benefit were an amount equal to the sum of the standard capital superannuation benefits for those offices or employments, and
  • (b) where the payments are treated as income of different years of assessment, the relief to be granted under paragraph 6 in respect of a payment chargeable for any year of assessment shall be the amount by which the relief computed in accordance with subparagraph (a) in respect of that payment and any payments chargeable for previous years of assessment exceeds the relief in respect of those payments chargeable for previous years of assessment,

and, where the standard capital superannuation benefit for an office or employment in respect of which 2 or more of the payments are made is not the same in relation to each of those payments, it shall be treated for the purposes of this paragraph as equal to the higher or highest of those benefits.

8.

In computing the charge to tax in respect of a payment chargeable to income tax under section 123 in the case of a claimant, if the claimant has not previously made a claim under section 201 and the relevant capital sum (if any) in relation to the office or employment in respect of which the payment is made does not exceed £4,000, subsection (5) of section 201 and paragraph 6 shall apply to that payment as if each reference in that subsection and in that paragraph to the basic exemption were a reference to the basic exemption increased by the amount by which £4,000 exceeds that relevant capital sum.

9.

In computing the charge to tax in respect of a payment chargeable to income tax under section 123, being a payment made in respect of an office or employment in which the service of the holder includes foreign service, a sum which bears to the amount which would be chargeable to income tax apart from this paragraph the same proportion as the length of the foreign service bears to the length of the service before the relevant date shall be deducted from the payment (in addition to any deduction allowed under paragraphs 6 to 8 of this Schedule).

PART 3

Relief by reduction of tax

10.

In the case of any payment in respect of which income tax is chargeable under section 123, relief shall be allowed by means of deduction from the tax chargeable by virtue of that section of an amount equal to the amount determined by the formula—

A − (P × T __ I )

where—

A is the amount of income tax which apart from this paragraph would be chargeable in respect of the total income of the holder or past holder of the office or employment for the year of assessment of which the payment is treated as income after deducting from that amount of tax the amount of tax which would be so chargeable if the payment had not been made,

P is the amount of that payment after deducting any relief applicable to that payment under the preceding provisions of this Schedule,

T is the aggregate of the amounts of income tax chargeable in respect of the total income of the holder or past holder of the office or employment for the 5 years of assessment preceding the year of assessment of which the payment is treated as income before taking account of any relief provided by section 826, and

I is the aggregate of the taxable incomes of the holder or past holder of the office or employment for the 5 years of assessment preceding the year of assessment of which the payment is treated as income.

11.

Where income tax is chargeable under section 123 in respect of 2 or more payments to or in respect of the same person in respect of the same office or employment and is so chargeable for the same year of assessment, those payments shall be treated for the purposes of paragraph 10 as a single payment of an amount equal to their aggregate amount.

12.

Where income tax is chargeable under section 123 in respect of 2 or more payments to or in respect of the same person in respect of different offices or employments and is so chargeable for the same year of assessment, paragraphs 10 and 11 shall apply as if those payments were made in respect of the same office or employment.

SCHEDULE 4 Exemption of Specified Non-Commercial State Sponsored Bodies from Certain Tax Provisions

[FA94 Sch; S.I. No. 148 of 1997]

1.

Agency for Personal Service Overseas.

2.

Beaumont Hospital Board.

3.

Blood Transfusion Service Board.

4.

Board for Employment of the Blind.

5.

An Bord Altranais.

6.

An Bord Bia— The Irish Food Board.

7.

Bord Fáilte Éireann.

8.

An Bord Glas.

9.

An Bord Iascaigh Mhara.

10.

Bord na Gaeilge.

11.

Bord na Leabhar Gaeilge.

12.

Bord na Radharcmhastóirí.

13.

An Bord Pleanála.

14.

Bord Scoláireachtaí Comalairte.

15.

An Bord Tráchtála— The Irish Trade Board.

16.

An Bord Uchtála.

17.

Building Regulations Advisory Body.

18.

The Central Fisheries Board.

19.

CERT Limited.

20.

The Chester Beatty Library.

21.

An Chomhairle Ealaíon.

22.

An Chomhairle Leabharlanna.

23.

Coiste An Asgard.

24.

Combat Poverty Agency.

25.

Comhairle na Nimheanna.

26.

Comhairle na n-Ospidéal.

27.

Cork Hospitals Board.

28.

Criminal Injuries Compensation Tribunal.

29.

Dental Council.

30.

Drug Treatment Centre Board.

31.

Dublin Dental Hospital Board.

32.

Dublin Institute for Advanced Studies.

33.

Eastern Regional Fisheries Board.

34.

Economic and Social Research Institute.

35.

Employment Equality Agency.

36.

Environmental Protection Agency— An Ghníomhaireacht urn Chaomhnú Comhshaoil.

37.

Eolas— The Irish Science and Technology Agency.

38.

Federated Dublin Voluntary Hospitals.

39.

Fire Services Council.

40.

An Foras Áiseanna Saothair.

41.

Forbairt.

42.

Forfás.

43.

The Foyle Fisheries Commission.

44.

Garda Síochána Appeal Board.

45.

Garda Síochána Complaints Board.

46.

General Medical Services (Payments) Board.

47.

Health Research Board— An Bord Taighde Sláinte.

48.

Higher Education Authority.

49.

Hospital Bodies Administrative Bureau.

50.

Hospitals Trust Board.

51.

The Independent Radio and Television Commission— An Coimisiún urn Raidio agus Teiliffís Neamhspleách.

52.

The Industrial Development Agency (Ireland).

53.

The Industrial Development Authority.

54.

Institiúid Teangeolaíochta Éireann.

55.

Institute of Public Administration.

56.

The Irish Film Board.

57.

The Irish Medicines Board.

58.

The Labour Relations Commission.

59.

Law Reform Commission.

60.

The Legal Aid Board.

61.

Leopardstown Park Hospital Board.

62.

Local Government Computer Services Board— An Bord Seirbhísí Ríomhaire Rialtais Aitiúil.

63.

Local Government Staff Negotiations Board— An Bord Comhchaibidlí Foirne Rialtais Aitiúil.

64.

The Marine Institute.

65.

Medical Bureau of Road Safety— An Lia-Bhiúró um Shábháiltacht ar Bhóithre.

66.

The Medical Council.

67.

The National Authority for Occupational Safety and Health— An tÚdarás Náisiúnta um Shábháilteachta agus Sláinte Ceirde.

68.

National Cancer Registry.

69.

The National Concert Hall Company Limited— An Ceoláras Náisiúnta.

70.

National Council for Educational Awards.

71.

National Council for the Elderly.

72.

The National Economic and Social Council.

73.

The National Economic and Social Forum.

74.

National Health Council.

75.

National Heritage Council— Comhairle Na hOidhreacha Náisiúnta.

76.

National Rehabilitation Board.

77.

The National Roads Authority— An tÚdarás um Bóithre Náisúinta.

78.

National Safety Council— Comhairle Sábháiltacht Náisiúnta.

79.

National Social Services Board.

80.

The Northern Regional Fisheries Board.

81.

The North Western Regional Fisheries Board.

82.

Office of the Data Protection Commissioner.

83.

The Pensions Board.

84.

Postgraduate Medical and Dental Board.

85.

The Radiological Protection Institute of Ireland.

86.

The Refugee Agency.

87.

Rent Tribunal.

88.

Royal Hospital Kilmainham Company.

89.

Saint James's Hospital Board.

90.

Saint Luke's and St Anne's Hospital Board.

91.

Salmon Research Agency of Ireland Incorporated.

92.

Shannon Free Airport Development Company Limited.

93.

The Shannon Regional Fisheries Board.

94.

The Southern Regional Fisheries Board.

95.

The South Western Regional Fisheries Board.

96.

Tallaght Hospital Board.

97.

Teagasc.

98.

Temple Bar Renewal Limited.

99.

Údarás na Gaeltachta.

SCHEDULE 5 Description of Custom House Docks Area

[FA86 Sch4 PtsI and II]

Interpretation

1.

In this Schedule—

“thoroughfare” includes any road, street, lane, place, quay, terrace, row, square, hill, parade, diamond, court, bridge, channel and river;

a reference to a line drawn along any thoroughfare is a reference to a line drawn along the centre of that thoroughfare;

a reference to a projection of any thoroughfare is a reference to a projection of a line drawn along the centre of that thoroughfare;

a reference to the point where any thoroughfare or projection of any thoroughfare intersects or joins any other thoroughfare or projection of a thoroughfare is a reference to the point where a line drawn along the centre of one thoroughfare or, in the case of a projection of a thoroughfare, along the projection, would be intersected or joined by a line drawn along the centre of the other thoroughfare or, in the case of another projection of a thoroughfare, along the other projection;

a reference to a point where any thoroughfare or projection of a thoroughfare intersects or joins a boundary is a reference to the point where a line drawn along the centre of such thoroughfare or, in the case of a projection of a thoroughfare, along the projection would intersect or join such boundary.

Description of Custom House Docks Area

2.

That part of the county borough of Dublin bounded by a line commencing at the point (in this description referred to as “the first-mentioned point”) where a line drawn along the westerly projection of the northern boundary of Custom House Quay would be intersected by a line drawn along Memorial Road, then continuing in a northerly direction along Memorial Road and Amiens Street to the point where it joins Sheriff Street Lower, then continuing, initially in an easterly direction, along Sheriff Street Lower and Commons Street to the point where it intersects the easterly projection of the northern boundary of Custom House Quay, and then continuing in a westerly direction along that projection and that boundary and the westerly projection of that boundary to the first-mentioned point.

SCHEDULE 6 Description of Temple Bar Area

[FA91 Sch2]

Interpretation

1.

In this Schedule—

“thoroughfare” includes any bridge, green, hill, river and street;

a reference to a line drawn along any thoroughfare is a reference to a line drawn along the centre of that thoroughfare;

a reference to a projection of any thoroughfare is a reference to a projection of a line drawn along the centre of that thoroughfare;

a reference to the point where any thoroughfare or projection of any thoroughfare intersects or joins any other thoroughfare is a reference to the point where a line drawn along the centre of one thoroughfare or, in the case of a projection of a thoroughfare, along the projection, would be intersected or joined by a line drawn along the centre of the other thoroughfare.

Description of Temple Bar Area

2.

That part of the county borough of Dublin bounded by a line commencing at the point (in this description referred to as “the first-mentioned point”) where the River Liffey is intersected by O'Connell Bridge, then continuing, initially in a southerly direction along O'Connell Bridge, Westmoreland Street, College Green, Dame Street, Cork Hill and Lord Edward Street to the point where it joins Fishamble Street, then continuing in a northerly direction along Fishamble Street and the northerly projection of that street to the point where it intersects the River Liffey, then continuing in an easterly direction along the River Liffey to the first-mentioned point.

SCHEDULE 7 Description of Certain Enterprise Areas

[FA97 Sch10]

PART 1

Interpretation

In this Schedule

“thoroughfare” includes any canal, lane, motorway, railway line and road;

a reference to a line drawn along any thoroughfare is a reference to a line drawn along the centre of that thoroughfare;

a reference to the point where any thoroughfare intersects, joins or traverses any other thoroughfare is a reference to the point where a line drawn along the centre of one thoroughfare would be intersected, joined or traversed by a line drawn along the centre of the other thoroughfare;

a reference to a point where any thoroughfare is intersected by the projection of a boundary is a reference to the point where a line drawn along the centre of such thoroughfare would be intersected by the projection of such boundary.

PART 2

Description of Cherry Orchard/Gallanstown Enterprise Area

That part of the county borough of Dublin and the administrative county of South Dublin bounded by a line commencing at the point (in this description referred to as “the first-mentioned point”) where the Grand Canal is traversed by the M50 motorway, then continuing in an easterly direction along the Grand Canal to the point where it is traversed by the unnamed road to the east of the Dublin Corporation Waterworks installation, then continuing in a north-westerly direction along that unnamed road for a distance of 250 metres, then continuing in a straight undefined line in a north-easterly direction to a point on the South Western Railway Line which is 950 metres east of the point where that railway line is traversed by the M50 motorway, then continuing in a westerly direction along that railway line to the point where it is traversed by the M50 motorway, then continuing in a south-easterly direction along that motorway to the first-mentioned point.

PART 3

Description of Finglas Enterprise Area

That part of the county borough of Dublin and the administrative county of Fingal bounded by a line commencing at the point (in this description referred to as “the first-mentioned point”) where Jamestown Road is intersected by the western projection of the northern boundary of Poppintree Industrial Estate, then continuing in a northerly direction along Jamestown Road to the point where it joins St. Margaret's Road, then continuing in an easterly direction along St. Margaret's Road for a distance of 110 metres, then continuing in a straight undefined line due north to the point where it intersects the M50 motorway, then continuing in an easterly direction along the M50 motorway to the point where it is traversed by the unnamed road immediately to the west of the playing fields on the northern side of St. Margaret's Road, then continuing in a southerly direction along that unnamed road to the point where it joins St. Margaret's Road, then continuing in an easterly direction along St. Margaret's Road for a distance of 115 metres, then continuing in a straight undefined line in a southerly direction to the point where Balbutcher Lane is intersected by the eastern projection of the northern boundary of Poppintree Industrial Estate, then continuing in a westerly direction along the last-mentioned projection and boundary and the western projection of the last-mentioned boundary to the first-mentioned point.

PART 4

Description of Rosslare Harbour Enterprise Area

Ballygerry Area

That part of the administrative county of Wexford bounded by a line commencing at the point (in this description referred to as “the first-mentioned point”), where the N25 road intersects the Ballygerry Road at Kilrane then continuing initially in a northerly direction along Ballygerry Road to the point where it next joins the N25 road, then continuing initially in a southerly direction along the N25 road to the first-mentioned point.

Harbour Area

That part of the town of Rosslare Harbour in the administrative county of Wexford bounded by a line commencing at the point (in this description referred to as “the first-mentioned point”) where the high-water mark joins the south-eastern end of the pier wall to the north-west of the premises known locally as the Old Customs Shed, then continuing in a north-westerly direction along that pier to the point where it intersects the eastern end of the new revetment, then continuing in a south-westerly direction along that revetment to the point which is a distance of 150 metres from the western end of that revetment, then continuing in a straight undefined line due south to the point where it intersects the railway track, then continuing in a north-easterly direction along the railway track to the point where it is intersected by the southern projection of the western boundary of the Old Customs Shed property, then continuing in a northerly direction along the last-mentioned projection and boundary to the point where it joins the north-western boundary of the Old Customs Shed property, then continuing in a north-easterly direction in a straight undefined line to the first-mentioned point.

SCHEDULE 8 Description of Qualifying Resort Areas

[FA95 Sch3]

PART 1

Description of qualifying resort areas of Clare

Kilkee

1.

That part of the District Electoral Division of Kilkee comprised in the Townlands of Kilkee Upper, Kilkee Lower and Dough.

2.

That part of the District Electoral Division of Kilfearagh comprised in that part of the Townland of Ballyonan or Doonaghboy bounded by a line commencing at the point (in this description referred to as “the first-mentioned point”) where the boundaries of the Townlands of Ballyonan or Doonaghboy, Kilkee Lower and Dough converge, then continuing in a south-westerly direction along the boundary of the Townlands of Kilkee Lower and Ballyonan or Doonaghboy for a distance of 568 yards to a point where it intersects a field measuring 1.829 acres, then continuing along the north-eastern boundary of that field to a point where it intersects Local Road (County Road 395), then continuing along the centre of that road in a south-westerly direction for a distance of 20 yards to a point where it intersects the northern projection of the north-eastern boundary of a field measuring 3.517 acres, then continuing along the north-eastern boundary of that field and of the adjoining field in a south-easterly direction, then continuing in that direction to the centre of the Kilkee/Loop Head Regional Road (R487), then continuing along the centre of that road in a southerly direction for 160 yards to a point where it intersects the westerly projection of the southern boundary of a field measuring 1.282 acres, then continuing in an easterly direction along the southern boundary of that field and adjoining fields to a point where it intersects with the eastern boundary of the Townland of Ballyonan or Doonaghboy, and then continuing, initially in a northerly direction, along that boundary to the first-mentioned point.

3.

That part of the District Electoral Division of Kilfearagh comprised in that part of the Townland of Corbally bounded by a line commencing at the point (in this description referred to as “the first-mentioned point”) being the most westerly point of the boundary between the Townlands of Corbally and Dough, then continuing along that boundary in an easterly direction for approximately 510 yards to a point where it intersects the south-eastern corner of a field measuring 2.020 acres, then continuing in a northerly direction along the eastern boundary of that field and of adjoining fields for a distance of 394 yards, then continuing in a generally westerly direction along the northern boundary of a field measuring 3.305 acres, then continuing in that direction to the cliff face of George's Head, and then continuing, initially in a southerly direction, along the high water mark to the first-mentioned point.

Lahinch

1.

That part of the District Electoral Division of Ennistimon comprised in the Townlands of Lehinch and Dough.

2.

That part of the District Electoral Division of Liscannor comprised in the Townland of Ballyellery.

3.

That part of the District Electoral Division of Moy comprised in the Townland of Crag.

PART 2

Description of qualifying resort areas of Cork

Clonakilty

1.

The administrative area of the urban district of Clonakilty.

2.

That part of the District Electoral Division of Ardfield comprised in the Townlands of Dunmore, Muckross, Lonagh, Drombeg and Pallas.

3.

That part of the District Electoral Division of Clonakilty Rural comprised in the Townlands of Clogheen, Inchydoney Island, Gallanes, Tawnies Lower (Rural), Tawnies Upper (Rural), Desert (Rural), Youghalls (Rural) and Miles (Rural).

Youghal

1.

The administrative area of the urban district of Youghal.

2.

That part of the District Electoral Division of Youghal Rural comprised in the Townlands of Summerfield, Ballyvergan East, Ballyclamasy, Knocknacally, Pipersbog, Glanaradotia, Park Mountain, Muckridge Demense, Foxhole and Youghal Mudlands.

3.

That part of the District Electoral Division of Clonpriest comprised in the Townlands of Clonard East and Redbarn.

PART 3

Description of qualifying resort areas of Donegal

Bundoran

1.

The administrative area of the urban district of Bundoran.

2.

That part of the District Electoral Division of Bundoran Rural comprised in that part of the Townland of Magheracar which is situated west of the most westerly boundary of the administrative area of the urban district of Bundoran.

3.

That part of the District Electoral Division of Bundoran Rural comprised in that part of the Townland of Finner bounded by a line commencing at the point (in this description referred to as “the first-mentioned point”) where the eastern boundary of the administrative area of the urban district of Bundoran, on the southern side of the National Primary Road (N15), intersects with the centre of that National Primary Road, then continuing in an easterly direction along the centre of that road for a distance of 500 feet, then continuing in a north-westerly direction along the rear boundary to the east of Finner Avenue Housing Estate until the south-eastern corner of Tullan Strand is reached, then continuing in a westerly direction to the point where it joins the most north-easterly point of the boundary of the administrative area of the urban district of Bundoran, then continuing in a southerly direction along the eastern boundary of the urban district to the point where it intersects the centre of the National Primary Road (N15), and then continuing in an easterly direction along the centre of that road to the first-mentioned point.

PART 4

Description of qualifying resort areas of Galway

Salthill

1.

That part of the County Borough of Galway bounded by a line commencing at the point (in this description referred to as “the first-mentioned point”) where Threadneedle Road meets Salthill Road Upper, then continuing in a northerly direction along the centre of Threadneedle Road to its junction with the road from Seapoint Housing Estate, then continuing in an easterly direction along the southern edge of that estate road and in an easterly projection therefrom to its intersection with a road named Rockbarton West, then continuing in an easterly direction along the centre of Revagh Road to its junction with Rockbarton Road, then continuing in a southerly direction along the centre of Rockbarton Road to its junction with Salthill Road Upper and then continuing in a westerly direction along Salthill Road Upper to the first-mentioned point.

2.

That part of the County Borough of Galway bounded by a line commencing at the point (in this description referred to as “the first-mentioned point”) where the Seapoint Promenade Road meets Salthill Road Upper, then continuing in a north-easterly direction along the centre of Salthill Road Upper to its junction with Salthill Road Lower, then continuing in an easterly direction along the centre of Grattan Road to its junction with Seapoint Promenade Road and then continuing in a south-westerly direction along the centre of Seapoint Promenade Road to the first-mentioned point.

3.

That part of the County Borough of Galway bounded by a line commencing at the point (in this description referred to as “the first-mentioned point”) where Dalysfort Road meets Salthill Road Upper, then continuing in an easterly direction along the centre of Salthill Road Upper to a point where it meets Monksfield, then continuing in a north-westerly direction along the centre of Monksfield to the rear of Number 212 Salthill Road Upper, then continuing in a westerly direction along the Commercial Zoning Boundary as set out in the Galway County Borough Development Plan, 1991, to a point at the rear of Western House where it adjoins Dalysfort Road and then continuing in a southerly direction to the first-mentioned point.

4.

That part of the County Borough of Galway bounded by a line commencing at the point (in this description referred to as “the first-mentioned point”) where Monksfield meets Salthill Road Upper, then continuing in a north-easterly direction along the centre of Salthill Road Upper to its junction with Salthill Road Lower, then continuing in a northerly direction along the centre of Salthill Road Lower to its junction with Devon Park Road, then continuing in a north-westerly direction along the centre of Devon Park Road to the rear of property known as Number 108 Lower Salthill Road, then continuing in a southerly direction along Devon Park along the rear boundaries of Numbers 108, 110, 112, 114, 116, 118, 120, 122, 124, 126, 128, 130, 132, 134, 136, 138, 140, 142, 144, 146 and 148 Lower Salthill Road to where it meets Lenaboy Park, then continuing along the Commercial Zoning Boundary, as set out in the Galway County Borough Development Plan, 1991, to the rear of Number 160 Upper Salthill Road, then continuing along the rear boundaries of Numbers 160, 162, 164, 166, 168 and 170 Upper Salthill Road, then continuing in a southerly direction to the side boundary of Number 178 Upper Salthill Road, then continuing in a westerly direction along the boundary of Number 178 Upper Salthill Road to its boundary with Lenaboy Gardens, then continuing in a southerly direction along the centre of Lenaboy Gardens to the north-western corner of the Sacre Coeur Hotel, then continuing in a southerly direction along the Commercial Zoning Boundary, as set out in the Galway Borough Development Plan, 1991, to its junction with Monksfield and then continuing in a south-easterly direction to the first-mentioned point.

5.

That part of the County Borough of Galway bounded by a line commencing at the point (in this description referred to as “the first-mentioned point”) where Lower Salthill Road meets Grattan Road, then continuing in an easterly direction along the centre of Grattan Road to its junction with Salthill Promenade Road, then continuing in a northerly direction along the boundary of the existing private car-park to the rear boundary of that car-park, then continuing in a westerly direction along the rear boundary of properties fronting onto Grattan Road as far as Salthill Road Lower and then continuing in a southerly direction along the centre of Salthill Road Lower to the first-mentioned point.

PART 5

Description of qualifying resort areas of Kerry

Ballybunion

1.

That part of the District Electoral Division of Killehenny comprised in the Townlands of Ballyeagh, Killehenny, Ballybunion, Dromin and Doon West.

2.

That part of the District Electoral Division of Killehenny comprised in that part of the Townland of Gortnaskeha bounded by a line commencing at the point (in this description referred to as “the first-mentioned point”) where the boundaries of the Townlands of Ballyeagh, Gortnaskeha and Ahimma converge, then continuing in an easterly direction along the boundary between the Townlands of Gortnaskeha and Ahimma to a point where it intersects with the centre of the Tralee/Ballybunion Regional Road (R551), then continuing in a north-westerly direction along the centre of that road for 1,192 metres to a point where the road would intersect with a line drawn along the westerly projection of the northern boundary of the existing ESB transformer site, then continuing in a north-easterly direction along the existing field boundary to the centre of the Listowel/Ballybunion Regional Road (R553), then continuing in a northerly direction to the centre of the Local Road (County Road 28), then continuing in a westerly direction along that road for 230 metres, then continuing in a northerly direction to a point where it intersects with the boundary between the Townlands of Dromin and Gortnaskeha, and then continuing in a southerly direction along the western boundary of the Townland of Gortnaskeha to the first-mentioned point.

3.

That part of the District Electoral Division of Killehenny comprised in that part of the Townland of Doon East bounded by a line commencing at the point (in this description referred to as “the first-mentioned point”) where the Ballybunion/Beale Local Road (County Road 4) intersects the Ballybunion/Asdee Regional Road (R551), then continuing in a north-easterly direction along the centre of that Regional road for 250 metres, then continuing in a southerly direction along the rear boundary of the existing housing development to the boundary of the Townlands of Doon East and Doon West, then continuing in a westerly direction along that boundary to the centre of the Regional Road (R551), and then continuing in a northerly direction along the centre of that road to the first-mentioned point.

PART 6

Description of qualifying resort areas of Louth

Clogherhead

That part of the District Electoral Division of Clogher comprised in the Townland of Clogher and that part of the Townland of Callystown bounded on the west by the Termonfeckin/Annagassan Local Road (County Road 281) and on the north by the Dunleer/Clogherhead Regional Road (R166).

PART 7

Description of qualifying resort areas of Mayo

Achill

1.

The District Electoral Divisions of Slievemore, Dooega, Achill and Corraun Achill.

2.

That part of the District Electoral Division of Newport West comprised in the Townland of Mallanranny.

Westport

1.

That part of the District Electoral Division of Westport Urban comprised in the Townlands of Ardmore, Cloonmonad, Cahernamart, Carrownalurgan, Knockranny, Westport Demesne (Urban District), Deerpark East, Carrowbeg and those parts of the Townlands of Carrowbaun and Killaghoor contained within the administrative area of the urban district of Westport.

2.

That part of the District Electoral Division of Westport Rural comprised in Roman Island and the Townland of Rossbeg.

3.

That part of the District Electoral Division of Kilmeena comprised in that part of the Townland of Westport Demesne (Rural District) bounded by a line commencing at the point (in this description referred to as “the first-mentioned point”) forming the most north-westerly point of the Townland of Westport Demesne (Urban District), then continuing in a westerly direction for 100 yards, then continuing in a northerly direction for 320 yards, then continuing in a south-easterly direction for 630 yards following the field boundary south of Kennedy's Wood as far as the administrative boundary of the urban district of Westport and then continuing along that boundary initially in a south-westerly direction to the first-mentioned point.

PART 8

Description of qualifying resort areas of Meath

Bettystown, Laytown and Mosney

1.

That part of the District Electoral Division of Julianstown comprised in that part of the Townland of Mornington bounded on the north by a line commencing at the high water mark and continuing in a westerly direction along the northern boundary of Laytown/Bettystown Golf Links to a point where it intersects with the boundary of the Townland of Donacarney Great; and those parts of the Townlands of Betaghstown, Sevitsland, Ministown and Ninch which are situated to the east of the Dublin/Belfast railway line.

2.

That part of the District Electoral Division of Julianstown comprised in the Townland of Mosney and that part of the Townland of Briarleas situated to the east of Local Road (County Road 438).

PART 9

Description of qualifying resort areas of Sligo

Enniscrone

1.

That part of the District Electoral Division of Kilglass comprised in the Townlands of Carrowhubbock North, Carrowhubbock South, Frankford, Kinard and Trotts.

2.

That part of the District Electoral Division of Castleconnor West comprised in the Townlands of Bartragh, Carrowcardin, Muckduff and Scurmore.

PART 10

Description of qualifying resort areas of Waterford

Tramore

1.

That part of the District Electoral Division of Islandikane comprised in the Townlands of Westtown, Newtown and Coolnagoppoge.

2.

That part of the District Electoral Division of Tramore comprised in the Townlands of Ballycarnane, Monloum, Tramore East, Tramore West, Crobally Upper, Crobally Lower, Tramore Intake and including the land bounded on the west by the Townlands of Tramore West, Crobally Upper and Tramore Intake (part b), on the north by the Townlands of Ballinattin and Tramore Intake (part a), on the east by a line running in a south-easterly direction from Tramore Intake (part a) along the centre of the embankment to the Townland of Tramore Burrow and continuing in that direction as far as the high water mark, and on the south by the high water mark.

PART 11

Description of qualifying resort areas of Wexford

Courtown

1.

That part of the District Electoral Division of Courtown comprised in the Townlands of Courtown and Ballinatray Lower.

2.

That part of the District Electoral Division of Ardamine comprised in the Townlands of Ballinatray Upper, Seamount, Middletown, Parknacross and Glen (Richards).

PART 12

Description of qualifying resort areas of Wicklow

Arklow

1.

The administrative area of the urban district of Arklow.

2.

That part of the District Electoral Division of Arklow Rural comprised in the Townlands of Clogga and Askintinny.

3.

That part of the District Electoral Division of Kilbride comprised in the Townlands of Seabank and Johnstown South.

SCHEDULE 9 Change in Ownership of Company: Disallowance of Trading Losses

[FA73 Sch5 PtI pars 1 to 7 and 9; FA97 s146(1) and Sch 9 PtI par5(3)]

Change in ownership of company

1.

For the purposes of sections 401 and 679(4), there shall be a change in the ownership of a company if—

  • (a) a single person acquires more than 50 per cent of the ordinary share capital of a company,
  • (b) 2 or more persons each acquire a holding of 5 per cent or more of the ordinary share capital of the company and those holdings together amount to more than 50 per cent of the ordinary share capital of the company, or
  • (c) 2 or more persons each acquire a holding of the ordinary share capital of the company, and the holdings together amount to more than 50 per cent of the ordinary share capital of the company, but disregarding a holding of less than 5 per cent unless it is an addition to an existing holding and the 2 holdings together amount to 5 per cent or more of the ordinary share capital of the company.
2.

In applying paragraph 1—

  • (a) the circumstances at any 2 points in time with not more than 3 years between them may be compared, and a holder at the later time may be regarded as having acquired whatever such holder did not hold at the earlier time, irrespective of what such holder has acquired or disposed of between such 2 points in time;
  • (b) so as to allow for any issue of shares or other reorganisation of capital, the comparison referred to in subparagraph (a) may be made in terms of percentage holdings of the total ordinary share capital at the respective times, so that a person whose percentage holding is greater at the later time may be regarded as having acquired a percentage holding equal to the increase;
  • (c) in deciding for the purposes of subparagraphs (b) and (c) of paragraph 1 whether any person has acquired a holding of at least 5 per cent or a holding which makes at least 5 per cent when added to an existing holding, acquisitions by, and holdings of, persons who are connected with each other shall be aggregated as if they were acquisitions by, and holdings of, one and the same person;
  • (d) any acquisition of shares under the will or on the intestacy of a deceased person and any gift of shares, if it is shown that the gift is unsolicited and made without regard to section 401 or 679(4), shall be disregarded.
3.

Where persons, whether members of the company or not, possess extraordinary rights or powers under the articles of association or under any other document regulating the company and as a consequence ownership of ordinary share capital may not be an appropriate test of whether there has been a major change in the persons for whose benefit the losses or capital allowances may ultimately enure, then, in considering whether there has been a change in ownership of the company for the purposes of section 401 or 679(4), holdings of all kinds of share capital, including preference shares, or of any particular category of share capital, or voting power or any other special kind of power, may be taken into account instead of ordinary share capital.

4.

Where section 401 or 679(4) has operated to restrict relief by reference to a change in ownership taking place at any time, no transaction or circumstance before that time shall be taken into account in determining whether there is any subsequent change in ownership.

Groups of companies

5.

(1) For the purposes of sections 401 and 679(4), a change in the ownership of a company shall be disregarded if—

  • (a) immediately before the change the company is a 75 per cent subsidiary of another company, and
  • (b) that other company continues after the change, despite a change in the direct ownership of the first-mentioned company, to own that first-mentioned company as a 75 per cent subsidiary.
  • (2) If there is a change in the ownership of a company which has a 75 per cent subsidiary, whether owned directly or indirectly, section 401 or 679(4), as the case may be, shall apply as if there had also been a change in the ownership of that subsidiary unless the change in ownership of the first-mentioned company is to be disregarded under subparagraph (1).

Provisions as to ownership

6.

For the purposes of sections 401 and 679(4) and this Schedule—

  • (a) references to ownership shall be construed as references to beneficial ownership, and references to acquisition shall be construed accordingly,
  • (b) a company shall be deemed to be a 75 per cent subsidiary of another company if and so long as not less than 75 per cent of its ordinary share capital is owned by that other company, whether directly or through another company or other companies, or partly directly and partly through another company or other companies,
  • (c) the amount of ordinary share capital of one company owned by a second company through another company or other companies, or partly directly and partly through another company or other companies, shall be determined in accordance with subsections (5) to (10) of section 9, and
  • (d) “share” includes “stock”.

Time of change in ownership

7.

(1) Where any acquisition of ordinary share capital or other property or rights taken into account in determining that there has been a change in ownership of a company—

  • (a) was made in pursuance of a contract of sale or option or other contract, or
  • (b) was made by a person holding such a contract,

the time when the change in ownership took place shall be determined as if the acquisition had been made when the contract was made with the holder or when the benefit of the contract was assigned to the holder so that, in the case of a person exercising an option to purchase shares, such person shall be regarded as having purchased the shares when such person acquired the option.

  • (2) Subparagraph (1) shall not apply where the contract was made before the 16th day of May, 1973.

Information

8.

Any person in whose name any shares or securities of a company are registered shall, if required by notice in writing by an inspector given for the purposes of section 401 or 679(4), state whether or not that person is the beneficial owner of those shares or securities or any of them and, if that person is not the beneficial owner of those shares or securities or any of them, that person shall furnish the name and address of the person or persons on whose behalf those shares or securities are registered in that person's name.

SCHEDULE 10 Relief for Investment in Corporate Trades: Subsidiaries

[FA84 Sch2; FA87 s12(2); FA91 s15(2)]

Finance for trade of subsidiary

1.

The shares issued by the qualifying company may, instead of or as well as being issued for the purpose mentioned in section 489(1) (b), be issued for the purpose of raising money for a qualifying trade being carried on by a subsidiary or which such a subsidiary intends to carry on and, where shares are so issued, paragraph (b) of the definition of “relevant period” in section 488(1) and subsections (1) (c), (7), (8) and (11) of section 489 shall apply as if references to the company were or, as the case may be, included references to the subsidiary.

Individuals qualifying for relief

2.

(1) In subsections (2), (4) and (6) of section 493, references to a company (except in each subsection the first such reference) include references to a company which is during the relevant period a subsidiary of that company, whether it becomes a subsidiary before, during or after the year of assessment in respect of which the individual concerned claims relief and whether or not it is such a subsidiary while he or she is a partner, director or employee mentioned in subsection (2) of section 493 or while he or she has or is entitled to acquire such capital or voting power or rights as are mentioned in subsections (4) and (6) of that section.

  • (2) Without prejudice to section 493 as it applies in accordance with subparagraph (1), an individual shall be treated as connected with a company if—
  • (a) he or she has at any time in the relevant period had control (within the meaning of section 11) of another company which has since that time and before the end of the relevant period become a subsidiary of the company, or
  • (b) he or she directly or indirectly possesses or is entitled to acquire any loan capital of a subsidiary of that company.
  • (3) Subsections (5) and (9) of section 493 shall apply for the purposes of this paragraph.

Value received

3.

(1) In sections 499(9) and 501(5), references to the receipt of value from the company shall include references to the receipt of value from any company which during the relevant period is a subsidiary of the company, whether it becomes a subsidiary before or after the individual concerned receives any value from it, and references to the company in the other provisions of section 499 and in section 501(8) shall be construed accordingly.

  • (2) In section 501(1), references to the company (except the first such reference) shall include references to a company which during the relevant period is a subsidiary of the company, whether it becomes a subsidiary before or after the repayment, redemption, repurchase or payment referred to in that subsection.

Information

4.

Subsections (4) and (5) of section 505 shall apply in relation to any arrangements mentioned in section 507(2) (c) as they apply in relation to any arrangement mentioned in section 502.

SCHEDULE 11 Profit Sharing Schemes

[FA82 Sch3; FA90 s136; FA95 s16; FA97 s50(c)]

PART 1

Interpretation

1.

In this Schedule, “control” shall be construed in accordance with section 432.

2.

For the purposes of this Schedule, a company shall be a member of a consortium owning another company if it is one of not more than 5 companies which between them beneficially own not less than 75 per cent of the other company's ordinary share capital and each of which beneficially owns not less than 5 per cent of that capital.

PART 2

Approval of schemes

3.

(1) On the application of a body corporate (in this Schedule referred to as “the company concerned”) which has established a profit sharing scheme which complies with subparagraphs (3) and (4), the Revenue Commissioners shall, subject to section 511, approve of the scheme—

  • (a) if they are satisfied in accordance with paragraph 4, and
  • (b) unless it appears to them that there are features of the scheme which are neither essential nor reasonably incidental to the purpose of providing for employees and directors benefits in the nature of interests in shares.
  • (2) Where the company concerned has control of another company or companies, the scheme may be expressed to extend to all or any of the companies of which it has control, and in this Schedule a scheme which is expressed so to extend is referred to as a “group scheme” and, in relation to a group scheme, “participating company” means the company concerned or a company of which for the time being the company concerned has control and to which for the time being the scheme is expressed to extend.
  • (3) The scheme shall provide for the establishment of a body of persons resident in the State (in this Schedule referred to as “the trustees”)—
  • (a) who, out of moneys paid to them by the company concerned or, in the case of a group scheme, by a participating company, are required by the scheme to acquire shares in respect of which the conditions in Part 3 of this Schedule are fulfilled,
  • (b) who are under a duty to appropriate shares acquired by them to individuals who participate in the scheme, not being individuals ineligible by virtue of Part 4 of this Schedule, and
  • (c) whose functions with respect to shares held by them are regulated by a trust which is constituted under the law of the State and the terms of which are embodied in an instrument which complies with Part 5 of this Schedule.
  • (4) The scheme shall provide that the total of the initial market values of the shares appropriated to any one participant in a year of assessment will not exceed £10,000.
  • (5) An application under subparagraph (1) shall be made in writing and shall contain such particulars and be supported by such evidence as the Revenue Commissioners may require.
4.

(1) The Revenue Commissioners shall be satisfied that at any time every person who—

  • (a) (i) as respects a profit sharing scheme approved before the 10th day of May, 1997, is then a full-time employee or director of the company concerned or, in the case of a group scheme, of a participating company, or
  • (ii) as respects a profit sharing scheme approved on or after the 10th day of May, 1997, is then an employee or full-time director of the company concerned or, in the case of a group scheme, of a participating company,
  • (b) has been such an employee or director at all times during a qualifying period, not exceeding 5 years, ending at that time, and
  • (c) is chargeable to income tax in respect of his or her office or employment under Schedule E,

will then be eligible, subject to Part 4 of this Schedule, to participate in the scheme on similar terms.

  • (2) For the purposes of subparagraph (1), the fact that the number of shares to be appropriated to the participants in a scheme varies by reference to the levels of their remuneration, the length of their service or similar factors shall not be regarded as meaning that the participants are not eligible to participate in the scheme on similar terms.
5.

(1) Where at any time after the Revenue Commissioners have approved of a scheme—

  • (a) a participant is in breach of any of his or her obligations under paragraphs (a), (c) and (d) of section 511(4),
  • (b) there is, with respect to the operation of the scheme, any contravention of any provision of Chapter 1 of Part 17, the scheme itself of the terms or the trust referred to in paragraph 3(3) (c),
  • (c) any shares of a class of which shares have been appropriated to participants receive different treatment in any respect from the other shares of that class, being in particular different treatment in respect of—
  • (i) the dividend payable,
  • (ii) repayment,
  • (iii) the restrictions attaching to the shares, or
  • (iv) any offer of substituted or additional shares, securities or rights of any description in respect of the shares,

or

  • (d) the Revenue Commissioners cease to be satisfied in accordance with paragraph 4,

then, the Revenue Commissioners may, subject to subparagraph (3), withdraw the approval with effect from that time or from such later time as they may specify.

  • (2) Where at any time after the Revenue Commissioners have approved of a scheme an alteration is made in the scheme or the terms of the trust referred to in paragraph 3(3) (c), the approval shall not have effect after the date of the alteration unless the Revenue Commissioners have approved of the alteration.
  • (3) It shall not be a ground for withdrawal of approval of a scheme that shares which have been newly issued receive, in respect of dividends payable with respect to a period beginning before the date on which the shares were issued, treatment less favourable than that accorded to shares issued before that date.
6.

(1) Where the company concerned is aggrieved by—

  • (a) the failure of the Revenue Commissioners to approve of a scheme,
  • (b) the failure of the Revenue Commissioners to approve of an alteration as mentioned in paragraph 5(2), or
  • (c) the withdrawal of approval,

the company may, by notice in writing given to the Revenue Commissioners within 30 days from the date on which it is notified of their decision, make an application to have its claim for relief heard and determined by the Appeal Commissioners.

  • (2) Where an application is made under subparagraph (1), the Appeal Commissioners shall hear and determine the claim in the like manner as an appeal made to them against an assessment, and the provisions of the Income Tax Acts relating to such an appeal (including the provisions relating to the rehearing of an appeal and to the statement of a case for the opinion of the High Court on a point of law) shall apply accordingly with any necessary modifications.
7.

The Revenue Commissioners may nominate any of their officers, including an inspector, to perform any acts and discharge any functions authorised by this Schedule to be performed or discharged by them.

PART 3

Conditions as to the shares

8.

The shares shall form part of the ordinary share capital of—

  • (a) the company concerned,
  • (b) a company which has control of the company concerned, or
  • (c) a company which either is or has control of a company which—
  • (i) is a member of a consortium owning either the company concerned or a company having control of that company, and
  • (ii) beneficially owns not less than 15 per cent of the ordinary share capital of the company so owned.
9.

The shares shall be—

  • (a) shares of a class quoted on a recognised stock exchange,
  • (b) shares in a company not under the control of another company, or

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