Links from Section 249 | ||
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Act | Linked to | Context |
Taxes Consolidation Act, 1997 |
(A) in computing the company’s profits or gains for the purposes of Case I of Schedule D, or |
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Taxes Consolidation Act, 1997 |
(B) in computing the company’s profits or gains for the purposes of Case V of Schedule D; |
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Taxes Consolidation Act, 1997 |
“relevant period”, in relation to a loan to which section 247 applies, means the period beginning 2 years before the date of application of the proceeds of the loan and ending on the date of application of the proceeds of the loan. |
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Taxes Consolidation Act, 1997 |
(ii) Where at any time in the relevant period in relation to a loan to which section 247 applies the investing company recovered any amount of capital from the company concerned, other than a repayment in respect of a specified loan, the investing company shall immediately after the application of the loan to which section 247 applies be treated for the purposes of this section as if the investing company had repaid out of the loan an amount equal to the amount of capital recovered and so that out of the interest otherwise eligible for relief and payable for any period after that time there shall be deducted an amount equal to interest on the amount of capital so recovered, but this subparagraph shall not apply to so much of the capital so recovered as was applied by the investing company— |
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Taxes Consolidation Act, 1997 |
(ii) Where at any time in the relevant period in relation to a loan to which section 247 applies the investing company recovered any amount of capital from the company concerned, other than a repayment in respect of a specified loan, the investing company shall immediately after the application of the loan to which section 247 applies be treated for the purposes of this section as if the investing company had repaid out of the loan an amount equal to the amount of capital recovered and so that out of the interest otherwise eligible for relief and payable for any period after that time there shall be deducted an amount equal to interest on the amount of capital so recovered, but this subparagraph shall not apply to so much of the capital so recovered as was applied by the investing company— |
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Taxes Consolidation Act, 1997 |
(I) before the application of the loan to which section 247 applies, in repayment of any other loan to which section 247 applies, or |
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Taxes Consolidation Act, 1997 |
(I) before the application of the loan to which section 247 applies, in repayment of any other loan to which section 247 applies, or |
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Taxes Consolidation Act, 1997 |
(II) in accordance with paragraph (a) or (b) of section 247(2); |
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Taxes Consolidation Act, 1997 |
(iii) Where at any time after the application of the proceeds of the loan to which section 247 applies the investing company— |
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Taxes Consolidation Act, 1997 |
(b) Where part only of a loan referred to in paragraph (a) fulfils the conditions in section 247 or 248 so as to afford relief for interest on that part, the deduction to be made under this subsection shall be made wholly out of interest on that part. |
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Taxes Consolidation Act, 1997 |
(aa) (i) Where the company concerned is a company
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Taxes Consolidation Act, 1997 |
(III) in accordance with paragraph (a) or (b) of section 247(2), or |
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Taxes Consolidation Act, 1997 |
(IV) in repayment of a loan to which section 247 applies. |
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Taxes Consolidation Act, 1997 |
(ac)(i) Where the company concerned is a company referred to in section 247(2)(a)(iv), the investing company shall be deemed, subject to subparagraph (iii), to have recovered from the company concerned an amount equal to so much of any capital recovered by an intermediate holding company from another company where— |
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Taxes Consolidation Act, 1997 |
(II) the amount of capital recovered by the intermediate holding company is applied in accordance with paragraph (a) or (b) of section 247(2), |
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Taxes Consolidation Act, 1997 |
(III) the amount of capital recovered by the intermediate holding company is applied in the repayment of a loan to which section 247 applies, or |
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Taxes Consolidation Act, 1997 |
(IV) an intermediate holding company (that is not a company to which subparagraph (i) or (ii) of section 247(2)(bb) applies) transfers all of its assets and liabilities to another intermediate holding company and— |
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Taxes Consolidation Act, 1997 |
(B) the company concerned, being a company referred to in section 247(2)(a)(iv), continues to hold the same beneficial percentage of stocks, shares or securities of a company referred to in section 247(2)(a)(i) indirectly through one or more intermediate holding companies, and |
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Taxes Consolidation Act, 1997 |
(B) the company concerned, being a company referred to in section 247(2)(a)(iv), continues to hold the same beneficial percentage of stocks, shares or securities of a company referred to in section 247(2)(a)(i) indirectly through one or more intermediate holding companies, and |
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Taxes Consolidation Act, 1997 |
(3) Sections 247(3) and 248(2) and subsections (1) and (2) shall apply to a loan referred to in section 247(2)(c) or 248(1)(c) as if such loan and any loan it replaces were one loan, and as if— |
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Taxes Consolidation Act, 1997 |
(3) Sections 247(3) and 248(2) and subsections (1) and (2) shall apply to a loan referred to in section 247(2)(c) or 248(1)(c) as if such loan and any loan it replaces were one loan, and as if— |
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Taxes Consolidation Act, 1997 |
(a) references in sections 247(3) and 248(2) and in subsection (1) to the application of the proceeds of the loan were references to the application of the proceeds of the original loan, and |
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Taxes Consolidation Act, 1997 |
(iv) Where, after the application of the proceeds of a loan to which section 248 applies, the individual has recovered any amount of capital from the company concerned or from a connected company without using that amount in repayment of the loan, the individual shall be treated for the purposes of this section as if the individual had repaid that amount out of the loan and so that out of the interest otherwise eligible for relief and payable for any period after that time there shall be deducted an amount equal to interest on the amount of capital so recovered. |
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Taxes Consolidation Act, 1997 |
(b) Where part only of a loan referred to in paragraph (a) fulfils the conditions in section 247 or 248 so as to afford relief for interest on that part, the deduction to be made under this subsection shall be made wholly out of interest on that part. |
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Taxes Consolidation Act, 1997 |
(3) Sections 247(3) and 248(2) and subsections (1) and (2) shall apply to a loan referred to in section 247(2)(c) or 248(1)(c) as if such loan and any loan it replaces were one loan, and as if— |
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Taxes Consolidation Act, 1997 |
(3) Sections 247(3) and 248(2) and subsections (1) and (2) shall apply to a loan referred to in section 247(2)(c) or 248(1)(c) as if such loan and any loan it replaces were one loan, and as if— |
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Taxes Consolidation Act, 1997 |
(a) references in sections 247(3) and 248(2) and in subsection (1) to the application of the proceeds of the loan were references to the application of the proceeds of the original loan, and |
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Taxes Consolidation Act, 1997 |
(II) section 584 is applied or, but for section 626B, would be applied to the exchange by section 586, and |
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Taxes Consolidation Act, 1997 |
(II) section 584 is applied or, but for section 626B, would be applied to the exchange by section 586, and |
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Taxes Consolidation Act, 1997 |
(II) section 584 is applied or, but for section 626B, would be applied to the exchange by section 586, and |
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Links to Section 249 (from within TaxSource Total) | ||
Act | Linked from | Context |
Taxes Consolidation Act, 1997 |
(9) Section 249 shall apply for corporation tax as for income tax, and accordingly references in that section to section 247, to the investing company and to the borrower, to interest eligible for relief, and to affording relief for interest shall apply as if they were or included respectively references to subsection (8), to such a company as is mentioned in that subsection, to interest to be treated as a charge on income, and to treating part only of a payment of interest as a charge on income. |
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Taxes Consolidation Act, 1997 |
(1) (a) In this section and in sections 248 and 249— |
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Taxes Consolidation Act, 1997 |
(b) For the purposes of this section and sections 248 and 249, a company shall be regarded as connected with another company if it would be so regarded for the purposes of the Tax Acts
by virtue of section 10 and
, except for the purposes of
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Taxes Consolidation Act, 1997 |
(2) This section shall apply to a loan to a company (in this section and in section 249(1) referred to as “the investing company”) to defray money applied— |
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Taxes Consolidation Act, 1997 |
(c) the investing company shows that in the period referred to in paragraph (b) it has not recovered any capital from the company or from a connected company apart from any amount taken into account under section 249. |
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Taxes Consolidation Act, 1997 |
(c) the individual shows that in the period referred to in paragraph (b) he or she has not recovered any capital from the company or from a connected company, apart from any amount taken into account under section 249. |