No 39 of 1997, Section 401, Link Report

Links from Section 401
Act	Linked to	Context
Taxes Consolidation Act, 1997	sched32.html	(ii) under paragraph 16 or 18 of Schedule 32 against corporation tax payable for any accounting period ending after the change of ownership.
Taxes Consolidation Act, 1997	sched9.html	(7) Schedule 9 shall apply for the purpose of supplementing this section.
Taxes Consolidation Act, 1997	sec0268.html#part9	(5) (a) Where relief in respect of a company’s losses has been restricted under this section, then, notwithstanding section 320(6), in applying the provisions of Part 9 and of Chapter 1 of Part 29 relating to balancing charges to the company by reference to any event after the change of ownership of the company, any allowance or deduction to be made in taxing the company’s trade for any chargeable period before the change of ownership shall be disregarded unless the profits or gains of that chargeable period, or of any subsequent chargeable period before the change of ownership, were sufficient to give effect to the allowance or deduction.
Taxes Consolidation Act, 1997	sec0320.html	(5) (a) Where relief in respect of a company’s losses has been restricted under this section, then, notwithstanding section 320(6), in applying the provisions of Part 9 and of Chapter 1 of Part 29 relating to balancing charges to the company by reference to any event after the change of ownership of the company, any allowance or deduction to be made in taxing the company’s trade for any chargeable period before the change of ownership shall be disregarded unless the profits or gains of that chargeable period, or of any subsequent chargeable period before the change of ownership, were sufficient to give effect to the allowance or deduction.
Taxes Consolidation Act, 1997	sec0396.html	(i) under section 396 by setting a loss incurred by the company in an accounting period beginning before the change of ownership against any income or other profits of an accounting period ending after the change of ownership, or
Taxes Consolidation Act, 1997	sec0400.html	(4) In relation to any relief available under section 400, subsection (2) shall apply as if any loss sustained by a predecessor company had been sustained by a successor company and as if the references to a trade included references to the trade as carried on by a predecessor company.
Taxes Consolidation Act, 1997	sec0754.html#part29	(5) (a) Where relief in respect of a company’s losses has been restricted under this section, then, notwithstanding section 320(6), in applying the provisions of Part 9 and of Chapter 1 of Part 29 relating to balancing charges to the company by reference to any event after the change of ownership of the company, any allowance or deduction to be made in taxing the company’s trade for any chargeable period before the change of ownership shall be disregarded unless the profits or gains of that chargeable period, or of any subsequent chargeable period before the change of ownership, were sufficient to give effect to the allowance or deduction.
Taxes Consolidation Act, 1997	sec0754.html#part29-chap1	(5) (a) Where relief in respect of a company’s losses has been restricted under this section, then, notwithstanding section 320(6), in applying the provisions of Part 9 and of Chapter 1 of Part 29 relating to balancing charges to the company by reference to any event after the change of ownership of the company, any allowance or deduction to be made in taxing the company’s trade for any chargeable period before the change of ownership shall be disregarded unless the profits or gains of that chargeable period, or of any subsequent chargeable period before the change of ownership, were sufficient to give effect to the allowance or deduction.
Links to Section 401 (from within TaxSource Total)
Act	Linked from	Context
Taxes Consolidation Act, 1997	sched9.html	Sections 401 and 679(4).
Taxes Consolidation Act, 1997	sched9.html	1. For the purposes of sections 401 and 679(4), there shall be a change in the ownership of a company if—
Taxes Consolidation Act, 1997	sched9.html	(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.
Taxes Consolidation Act, 1997	sched9.html	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.
Taxes Consolidation Act, 1997	sched9.html	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.
Taxes Consolidation Act, 1997	sched9.html	5. (1) For the purposes of sections 401 and 679(4), a change in the ownership of a company shall be disregarded if—
Taxes Consolidation Act, 1997	sched9.html	(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).
Taxes Consolidation Act, 1997	sched9.html	6. For the purposes of sections 401 and 679(4) and this Schedule—
Taxes Consolidation Act, 1997	sched9.html	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.
Taxes Consolidation Act, 1997	sec1075.html	(1) Where any person has been required by notice given under or for the purposes of section 401 or 427 or Part 13 to furnish any information or particulars and that person fails to comply with the notice, that person shall be liable, subject to subsection (3), to a penalty of €3,000 and, if the failure continues after judgment has been given by the court before which proceedings for the penalty have been commenced, to a further penalty of €10 for each day on which the failure so continues.
Taxes Consolidation Act, 1997	sec1075.html	(2) Where the person furnishes any incorrect information or particulars of a kind mentioned in section 239, 401 or 427 or Part 13, the person shall be liable, subject to subsection (4), to a penalty of €3,000.