Links from Section 738 | ||
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Act | Linked to | Context |
Companies Act 2014 |
(iii) any authorised investment company (within the meaning of
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S.I. No. 78 of 1989 |
“relevant Regulations” means the European Communities (Undertakings for Collective Investment in Transferable Securities) Regulations, 1989 (S.I. No. 78 of 1989); |
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Taxes Consolidation Act, 1997 |
“standard rate” has the same meaning as in section 3(1); |
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Taxes Consolidation Act, 1997 |
“standard rate per cent” has the same meaning as in section 4(1). |
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Taxes Consolidation Act, 1997 |
and section 4(6) shall not apply for the purpose of such attribution. |
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Taxes Consolidation Act, 1997 |
(c) In computing profits for the purposes of paragraph (b), section 78(2) shall apply as if the rate per cent of capital gains tax specified in section 28(3), were
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Taxes Consolidation Act, 1997 |
(c) In computing profits for the purposes of paragraph (b), section 78(2) shall apply as if the rate per cent of capital gains tax specified in section 28(3), were
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Taxes Consolidation Act, 1997 |
(a) be disregarded for the purposes of section 31, |
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Taxes Consolidation Act, 1997 |
(II) assets which are strips within the meaning of section 55. |
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Taxes Consolidation Act, 1997 |
(c) In computing profits for the purposes of paragraph (b), section 78(2) shall apply as if the rate per cent of capital gains tax specified in section 28(3), were
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Taxes Consolidation Act, 1997 |
(3)(a) (i) Section 129 shall not apply as respects a distribution received by an undertaking for collective investment which is a company
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Taxes Consolidation Act, 1997 |
(c) Notwithstanding Chapter 4 of Part 8, that Chapter shall apply to a deposit (within the meaning of that Chapter) which is for the time being beneficially owned by an undertaking for collective investment which is not a company as if such a deposit were not a relevant deposit (within the meaning of that Chapter). |
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Taxes Consolidation Act, 1997 |
(c) Notwithstanding Chapter 4 of Part 8, that Chapter shall apply to a deposit (within the meaning of that Chapter) which is for the time being beneficially owned by an undertaking for collective investment which is not a company as if such a deposit were not a relevant deposit (within the meaning of that Chapter). |
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Taxes Consolidation Act, 1997 |
“designated undertaking for collective investment” means an undertaking for collective investment which, on the 25th day of May, 1993, owned designated assets for which that undertaking gave consideration (determined in accordance with section 547) the aggregate of which is not less than 80 per cent of the aggregate of the consideration (as so determined) which that undertaking gave for the total assets it owned at that date; |
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Taxes Consolidation Act, 1997 |
(i) the aggregate of the consideration (determined in accordance with section 547) given for the designated assets owned at any time after the 25th day of May, 1993, and before the 5th day of April, 1997, by a designated undertaking for collective investment is less than 80 per cent of the aggregate of the consideration (as so determined) given for the total assets owned by the undertaking at that time, or |
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Taxes Consolidation Act, 1997 |
(a) (i) section 556, and |
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Taxes Consolidation Act, 1997 |
(b) section 581 shall as respects— |
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Taxes Consolidation Act, 1997 |
(I) assets to which section 607 applies other than where such assets are held in connection with a contract or other arrangement which secures the future exchange of the assets for other assets to which that section does not apply, and |
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Taxes Consolidation Act, 1997 |
(ii) section 607, |
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Taxes Consolidation Act, 1997 |
(c) if the undertaking was carrying on a collective investment business on the 25th day of May, 1993, it shall be deemed to have acquired each of the assets it holds on the 5th day of April, 1994, apart from assets to which section 607 applies, at the asset’s market value on that date. |
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Taxes Consolidation Act, 1997 |
(I) a unit trust mentioned in section 731(5)(a), or |
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Taxes Consolidation Act, 1997 |
which is neither a specified collective investment undertaking (within the meaning of section 734(1)) nor an offshore fund (within the meaning of section 743); |
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Taxes Consolidation Act, 1997 |
(2)(a) Other than in the case of subsections (7) to (9) of section 734, that section shall not apply, and the following provisions of this section shall apply, to an undertaking for collective investment as respects the chargeable periods of the undertaking ending on or after— |
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Taxes Consolidation Act, 1997 |
(II) a special investment scheme (within the meaning of section 737), |
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Taxes Consolidation Act, 1997 |
(1)(a) In this section and in section 739— |
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Taxes Consolidation Act, 1997 |
(b) For the purposes of this section and section 739, references to an undertaking for collective investment (other than in this paragraph) shall be construed so as to include a reference to a trustee, management company or other such person who— |
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Taxes Consolidation Act, 1997 |
to the extent that such construction brings into account for the purposes of this section and section 739 any matter relating to the undertaking, being a matter which would not otherwise be brought into account for those purposes. |
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Taxes Consolidation Act, 1997 |
(8) Notwithstanding any provision of the Tax Acts or the Capital Gains Tax Acts other than section 739, unit holders in an undertaking for collective investment shall not be entitled to any credit for or repayment of any income tax, capital gains tax or corporation tax paid in respect of income arising to, capital gains accruing to or profits of the undertaking. |
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Taxes Consolidation Act, 1997 |
(9)(a) Notwithstanding subsection (2) but subject to paragraph (b), subsections (1) to (8) and section 739 shall be construed as respects designated undertakings for collective investment and guaranteed undertakings for collective investment as if every reference in those subsections and in that section— |
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Taxes Consolidation Act, 1997 |
and, as respects such an undertaking, those subsections and section 739 shall not apply except as so construed. |
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Taxes Consolidation Act, 1997 |
which is neither a specified collective investment undertaking (within the meaning of section 734(1)) nor an offshore fund (within the meaning of section 743); |
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Taxes Consolidation Act, 1997 |
(ii) without prejudice to section 815(2), any attribution of income or chargeable gains of such an undertaking to periods treated as separate accounting periods by virtue of subparagraph (i) shall be made— |
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Taxes Consolidation Act, 1997 |
“securities” has the same meaning as in section 815. |
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Unit Trusts Act, 1990 |
which is or is deemed to be an authorised unit trust scheme (within the meaning of the Unit Trusts Act, 1990) and has not had its authorisation under that Act revoked, |
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Links to Section 738 (from within TaxSource Total) | ||
Act | Linked from | Context |
(c) in section 738(7)(a) by substituting the following for the definition of “the appropriate amount in respect of the interest”: |
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Taxes Consolidation Act, 1997 |
(9) In determining for the purposes of this Schedule whether an allowable loss accruing to a company on a disposal under section 719 or section 738(4)(a) is a loss that accrued before the company became a member of the relevant group, the provisions of section 720 or section 738(4)(b), as the case may be, shall be disregarded. |
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Taxes Consolidation Act, 1997 |
(9) In determining for the purposes of this Schedule whether an allowable loss accruing to a company on a disposal under section 719 or section 738(4)(a) is a loss that accrued before the company became a member of the relevant group, the provisions of section 720 or section 738(4)(b), as the case may be, shall be disregarded. |
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Taxes Consolidation Act, 1997 |
(c) is to be computed in accordance with section 713(3) or 738(2), the rate of corporation tax payable by the company on its income and chargeable gains for the relevant accounting period shall be treated as the standard rate of income tax, |
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Taxes Consolidation Act, 1997 |
(ii) an undertaking for collective investment within the meaning of section 738,
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Taxes Consolidation Act, 1997 |
“undertaking for collective investment” has the meaning assigned to it in section 738. |
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Taxes Consolidation Act, 1997 |
(II) in case of an undertaking for collective investment, section 738(4)(a) shall apply in respect of the debt as if, for this purpose only, the deemed disposal day was the day on which an accounting period of the company ends and the chargeable gain or allowable loss thereby accruing shall be included in the net amount (within the meaning of section 738(4)(b)) in respect of the accounting period in which the deemed disposal day falls. |
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Taxes Consolidation Act, 1997 |
(II) in case of an undertaking for collective investment, section 738(4)(a) shall apply in respect of the debt as if, for this purpose only, the deemed disposal day was the day on which an accounting period of the company ends and the chargeable gain or allowable loss thereby accruing shall be included in the net amount (within the meaning of section 738(4)(b)) in respect of the accounting period in which the deemed disposal day falls. |
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Taxes Consolidation Act, 1997 |
(c) Where the person referred to in subsection (1) is an undertaking for collective investment and is not a company, subsection (2) shall not apply but the chargeable gain or allowable loss which accrues to the undertaking by virtue of subsection (1) shall be treated as accruing to the undertaking by virtue of paragraph (a) of section 738(4) and the provisions of that section shall apply accordingly. |
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Taxes Consolidation Act, 1997 |
(i) not being an undertaking for collective investment (within the meaning of section 738) which began carrying on business on or after the 25th day of May, 1993, |
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Taxes Consolidation Act, 1997 |
(1) (a) In this section “undertaking for collective investment” has the meaning assigned to it in section 738(1). |
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Taxes Consolidation Act, 1997 |
(2) For the purposes of computing a gain accruing to the first undertaking on a disposal or first deemed disposal, under section 738(4)(a)(i), of the units referred to in subsection (1), notwithstanding any other provision of the Capital Gains Tax Acts, the amount or value of the consideration in money or money’s worth given by the first undertaking for the acquisition of the units is— |
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Taxes Consolidation Act, 1997 |
(a) where the transferred assets fell within section 738(4)(a)(i), the value of the transferred assets on their latest deemed disposal by the first undertaking under that section, and |
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Taxes Consolidation Act, 1997 |
(b) where the transferred assets did not fall within section 738(4)(a)(i), the cost incurred by the first mentioned undertaking in acquiring the transferred assets. |
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Taxes Consolidation Act, 1997 |
(4) Where this Chapter applies to an investment undertaking, sections 734, 738 and 739 shall not apply to that investment undertaking or to unit holders in relation to that investment undertaking. |
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Taxes Consolidation Act, 1997 |
(i) the owner is an undertaking for collective investment (within the meaning of section 738), and |