| Links from Section 579A | ||
|---|---|---|
| Act | Linked to | Context |
|
Taxes Consolidation Act, 1997 |
(3)There shall be computed in respect of every year of assessment for which this section applies the amount on which the trustees would have been chargeable to capital gains tax under section 31 if they had been resident and ordinarily resident in the State in the year of assessment and that amount, together with the corresponding amount in respect of any earlier such year of assessment, so far as not already treated under subsection (4) or section 579F(2) as chargeable gains accruing to beneficiaries under the settlement, is in this section referred to as “the trust gains for the year of assessment”. |
|
|
Taxes Consolidation Act, 1997 |
(iii) whether a company is controlled by a person or persons shall be construed in accordance with section 432 without regard to subsection (6) of that section, |
|
|
Taxes Consolidation Act, 1997 |
(iv) whether a company is associated with another company shall be construed in accordance with section 432 without regard to subsection (6) of that section, and |
|
|
Taxes Consolidation Act, 1997 |
(b)In paragraph (a) references to a payment include references to the transfer of an asset and the conferring of any benefit, and to any occasion on which settled property becomes property to which section 567(2) applies. |
|
|
Taxes Consolidation Act, 1997 |
(b) Section 579 shall not apply as respects chargeable gains accruing after 5 April 1999 to trustees of a settlement to which this section applies; and references in subsections (4) and (5) to capital payments received by beneficiaries do not include references to any payments received before 11 February 1999 or any payments received on or after that date so far as they represent a chargeable gain which accrued to the trustees in respect of a disposal by the trustees before 11 February 1999. |
|
|
Taxes Consolidation Act, 1997 |
(f) Where, for the year of assessment 2002 or any subsequent year of assessment, chargeable gains are treated as accruing to a beneficiary under a settlement by virtue of section 579, then notwithstanding that section such chargeable gains, in so far as they are in respect of a disposal made on or after 7 March 2002 by the trustees of the settlement, shall be treated as accruing to the settlor in relation to the settlement and not to any other person, if the settlor is resident or ordinarily resident in the State, whether or not the settlor is the beneficiary. |
|
|
Taxes Consolidation Act, 1997 |
(3)There shall be computed in respect of every year of assessment for which this section applies the amount on which the trustees would have been chargeable to capital gains tax under section 31 if they had been resident and ordinarily resident in the State in the year of assessment and that amount, together with the corresponding amount in respect of any earlier such year of assessment, so far as not already treated under subsection (4) or section 579F(2) as chargeable gains accruing to beneficiaries under the settlement, is in this section referred to as “the trust gains for the year of assessment”. |
|
|
Taxes Consolidation Act, 1997 |
(9A) This section shall not apply where it is shown in writing or otherwise to the satisfaction of the Revenue Commissioners that, at the time when the charge to capital gains tax arises, genuine economic activities are carried on by the settlement in a relevant Member State (within the meaning of section 806(11)(a)). |
|
| Links to Section 579A (from within TaxSource Total) | ||
| Act | Linked from | Context |
|
Taxes Consolidation Act, 1997 |
(ii) the beneficiary receives a capital payment (within the meaning of section 579A(1)) from the trust during a year of assessment in which he or she is either resident or ordinarily resident in the State, |
|
|
Taxes Consolidation Act, 1997 |
(1)Where a period (in this section referred to as “a non-resident period”) of one or more years of assessment for which section 579A applies to a settlement, succeeds a period (in this section referred to as “a resident period”) of one or more years of assessment for each of which section 579A does not apply to the settlement, a capital payment received by a beneficiary in the resident period shall be disregarded for the purposes of section 579A if it was not made in anticipation of a disposal made by the trustees in the non-resident period. |
|
|
Taxes Consolidation Act, 1997 |
(1)Where a period (in this section referred to as “a non-resident period”) of one or more years of assessment for which section 579A applies to a settlement, succeeds a period (in this section referred to as “a resident period”) of one or more years of assessment for each of which section 579A does not apply to the settlement, a capital payment received by a beneficiary in the resident period shall be disregarded for the purposes of section 579A if it was not made in anticipation of a disposal made by the trustees in the non-resident period. |
|
|
Taxes Consolidation Act, 1997 |
(1)Where a period (in this section referred to as “a non-resident period”) of one or more years of assessment for which section 579A applies to a settlement, succeeds a period (in this section referred to as “a resident period”) of one or more years of assessment for each of which section 579A does not apply to the settlement, a capital payment received by a beneficiary in the resident period shall be disregarded for the purposes of section 579A if it was not made in anticipation of a disposal made by the trustees in the non-resident period. |
|
|
Taxes Consolidation Act, 1997 |
(3)Subsections (5) and (7) of section 579A shall apply in relation to subsection (2) as they apply in relation to subsection (4) of that section. |
|
|
Taxes Consolidation Act, 1997 |
(1) Subject to subsection (2), sections 579 and 579A shall apply in relation to their application to offshore income gains as if— |
|
|
Taxes Consolidation Act, 1997 |
(b) in subsection (2) of section 579 and subsection (4) of section 579A for “the Capital Gains Tax Acts” there were substituted “the Tax Acts”, |
|
|
Taxes Consolidation Act, 1997 |
(c) in subsection (2) of section 579 and subsection (3) of section 579A for “capital gains tax under section 31” there were substituted “income tax by virtue of section 745, and |
|
|
Taxes Consolidation Act, 1997 |
(d) in subsection (5) of section 579 and subsection (9) of section 579A— |
|
|
Taxes Consolidation Act, 1997 |
(a) under section 579A(4), as it applies apart from subsection (1), a chargeable gain is to be attributed to a beneficiary, and |
|
|
Taxes Consolidation Act, 1997 |
(b) under section 579A(4), as applied by subsection (1), an offshore income gain is also to be attributed to the beneficiary, |
|
|
Taxes Consolidation Act, 1997 |
section 579A shall apply as if it required offshore income gains to be attributed before chargeable gains. |
|
|
Taxes Consolidation Act, 1997 |
(a) the whole or part of the benefit received by an individual in a year of assessment is a capital payment within the meaning of section 579A or 579F(2) (by virtue of not falling within the amount of relevant income referred to in subsection (2)(a)), and |
|
|
Taxes Consolidation Act, 1997 |
(b) chargeable gains are by reason of that payment treated under either section 579A or 579F(2) as accruing to the individual in that or a subsequent year of assessment, |
|