Link Report

“Rescuing & Restructuring Guidelines” means the Communication of the Commission on Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty1;

(IV) in respect of the Communication from the Commission (2013/C 332/01)2 (2013/C 332/01)2 —

1 OJ No. C249, 31.7.2014, p. 1

2 OJ No. C332, 15.11.2013, p. 1

“broadcast” has the meaning assigned to it by section 2 of the Broadcasting Act 2009;

“broadcaster” means a person who has responsibility for a ‘broadcasting service’ as defined in section 2 of the Broadcasting Act 2009;

(i) registered under either or both the Companies Acts, 1963 to 1999 Companies Act 2014, and the Registration of Business Names Act, 1963, or

(i) registered under either or both the Companies Acts, 1963 to 1999 Companies Act 2014, and the Registration of Business Names Act, 1963, or

“broadcast” has the meaning assigned to it by section 2 of the Broadcasting Act 2009;

“broadcaster” means a person who has responsibility for a ‘broadcasting service’ as defined in section 2 of the Broadcasting Act 2009;

(c) Notwithstanding sections 411 and 616, the producer and the qualifying company shall be deemed not to be members of the same group of companies for the purposes of—

(i) section 411, or

“director” shall be construed in accordance with section 433(4);

(f) For the purposes of section 538(2), the value of the shares held by the producer company in the qualifying company, shall not, at any time, be negligible.

(d) A loss, for the purposes of section 546, shall not be treated as arising on the disposal by the producer company of shares in the qualifying company.

(c) Notwithstanding sections 411 and 616, the producer and the qualifying company shall be deemed not to be members of the same group of companies for the purposes of—

(ii) except for the purposes of section 626, section 616.

(ii) except for the purposes of section 626, section 616.

(e) Section 626B shall be deemed not to apply to the disposal by the producer company of shares in the qualifying company.

(II) a territory with the government of which, arrangements having the force of law by virtue of section 826(1)(a) section 826(1), have been made,

(c) unless the company provides, when requested to do so by the Revenue Commissioners, for the purposes of verifying compliance with the provisions governing the relief or with any condition specified in a certificate issued by them under subsection (2A)(a), without prejudice to the generality of section 886, unless the company provides, when requested to do so by the Revenue Commissioners, for the purposes of verifying compliance with the provisions governing the relief or with any condition specified in a certificate issued by the Minister under subsection (2), evidence to vouch each item of expenditure in the State or elsewhere on the production and distribution of the qualifying film, whether expended by the producer company, the qualifying company or by any other person engaged, directly or indirectly, by the producer company or the qualifying company to provide goods, services or facilities in relation to such production or distribution and, in particular, such evidence shall include—

(i) records required to be kept or retained by the company producer company or the qualifying company by virtue of section 886, and

(ii) records, in relation to the production and distribution of the qualifying film, required to be kept or retained by that other person by virtue of section 886, or which would be so required if that other person were subject to the provisions of that section,

(a) the accounting period of the producer company, in respect of which the specified return date for the chargeable period, within the meaning of section 959A, immediately precedes the date the application referred to in subsection (2A)(a) was made the claim referred to in subsection (2G) was made, or

(e) has delivered to the Collector-General , on or before the specified return date, a return, in accordance with section 959I, in respect of—

(3A) (a) Any amount payable by the Revenue Commissioners to the company by virtue of subsection (3)(b) shall be deemed to be an overpayment of corporation tax, for the purposes only of section 960H(2).

(b) Any claim in respect of a specified amount shall be deemed for the purposes of section 1077E to be a claim in connection with a credit and, for the purposes of determining an amount in accordance with section 1077E(11) or 1077E(12), a reference to an amount of tax that would have been payable for the relevant periods by the person concerned shall be read as if it were a reference to a specified amount.

(b) Any claim in respect of a specified amount shall be deemed for the purposes of section 1077E to be a claim in connection with a credit and, for the purposes of determining an amount in accordance with section 1077E(11) or 1077E(12), a reference to an amount of tax that would have been payable for the relevant periods by the person concerned shall be read as if it were a reference to a specified amount.

(b) Any claim in respect of a specified amount shall be deemed for the purposes of section 1077E to be a claim in connection with a credit and, for the purposes of determining an amount in accordance with section 1077E(11) or 1077E(12), a reference to an amount of tax that would have been payable for the relevant periods by the person concerned shall be read as if it were a reference to a specified amount.

(e) Where in accordance with paragraph (c) an inspector makes an assessment an assessment is made or amended in respect of a specified amount, the amount so charged shall for the purposes of section 1080 be deemed to be tax due and payable and shall carry interest as determined in accordance with subsection (2)(c) of section 1080 as if a reference to the date when the tax became due and payable were a reference to the date the amount was paid by the Revenue Commissioners.

(e) Where in accordance with paragraph (c) an inspector makes an assessment an assessment is made or amended in respect of a specified amount, the amount so charged shall for the purposes of section 1080 be deemed to be tax due and payable and shall carry interest as determined in accordance with subsection (2)(c) of section 1080 as if a reference to the date when the tax became due and payable were a reference to the date the amount was paid by the Revenue Commissioners.

(ii) the producer company, the qualifying company , any company controlled by the producer company and each person who is either the beneficial owner of, or able directly or indirectly to control, more than 15 per cent of the ordinary share capital of the producer company or the qualifying company, as the case may be, is not in compliance with all the obligations imposed by the Tax Acts, the Capital Gains Tax Acts or the Value-Added Tax Consolidation Act 2010 in relation to—