Links from Schedule 9 | ||
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Act | Linked to | Context |
Taxes Consolidation Act, 1997 |
(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 |
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Taxes Consolidation Act, 1997 |
Sections 401 and 679(4). |
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Taxes Consolidation Act, 1997 |
1. For the purposes of sections 401 and 679(4), there shall be a change in the ownership of a company if— |
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Taxes Consolidation Act, 1997 |
(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. |
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Taxes Consolidation Act, 1997 |
3. Where persons, whether members of the company or not, possess extraordinary rights or powers under the constitution, 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. |
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Taxes Consolidation Act, 1997 |
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. |
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Taxes Consolidation Act, 1997 |
5. (1) For the purposes of sections 401 and 679(4), a change in the ownership of a company shall be disregarded if— |
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Taxes Consolidation Act, 1997 |
(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). |
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Taxes Consolidation Act, 1997 |
6. For the purposes of sections 401 and 679(4) and this Schedule— |
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Taxes Consolidation Act, 1997 |
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. |
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Taxes Consolidation Act, 1997 |
Sections 401 and 679(4). |
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Taxes Consolidation Act, 1997 |
1. For the purposes of sections 401 and 679(4), there shall be a change in the ownership of a company if— |
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Taxes Consolidation Act, 1997 |
(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. |
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Taxes Consolidation Act, 1997 |
3. Where persons, whether members of the company or not, possess extraordinary rights or powers under the constitution, 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. |
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Taxes Consolidation Act, 1997 |
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. |
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Taxes Consolidation Act, 1997 |
5. (1) For the purposes of sections 401 and 679(4), a change in the ownership of a company shall be disregarded if— |
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Taxes Consolidation Act, 1997 |
(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). |
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Taxes Consolidation Act, 1997 |
6. For the purposes of sections 401 and 679(4) and this Schedule— |
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Taxes Consolidation Act, 1997 |
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. |
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Links to Schedule 9 (from within TaxSource Total) | ||
Act | Linked from | Context |
Taxes Consolidation Act, 1997 |
Schedule 9, paragraph 8 |
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Taxes Consolidation Act, 1997 |
(7) Schedule 9 shall apply for the purpose of supplementing this section. |
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Taxes Consolidation Act, 1997 |
(2) Where in a case referred to in subsection (1) the person concerned is a body corporate and there was or is, after all or part of the expenditure referred to in that subsection had been incurred by the body corporate, a change in ownership (within the meaning of Schedule 9) of the body corporate or of a body corporate that is a parent body or a wholly-owned subsidiary (within the meaning of section 675) of the first-mentioned body corporate, no allowance shall be made under this section in respect of any part of that expenditure incurred before the date of the change in ownership; but, in any case where part of the ordinary share capital of any body corporate is acquired by a Minister of the Government, such acquisition shall be disregarded in determining whether or not there was or is such a change in ownership. |
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Taxes Consolidation Act, 1997 |
(d) Schedule 9 shall apply for the purposes of supplementing this subsection. |
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Taxes Consolidation Act, 1997 |
(5) A company shall for the purposes of subsection (1) be deemed to be a wholly-owned subsidiary of another company if and so long as all 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, and paragraph 6 of Schedule 9 shall apply for the purposes of supplementing this subsection as if the reference in that paragraph to that Schedule were a reference to this subsection. |