Link Report

(i) stocks or marketable securities in a company, other than an investment undertaking within the meaning of section 739B of the Act of 1997 that is not an IREF,

(i) units in an investment undertaking within the meaning of section 739B of the Taxes Consolidation Act 1997,

(i) an investment undertaking within the meaning of section 739B of the Taxes Consolidation Act 1997, or

“domestic fund” means an investment undertaking within the meaning of section 739B of the Taxes Consolidation Act 1997 other than an investment undertaking referred to in section 739I(1)(a)(ii) of that Act;

(i) an investment undertaking within the meaning of section 739B of the Taxes Consolidation Act 1997, or

28. Notwithstanding paragraph 23, when any interest, dividends or other annual payments payable out of any public revenue other than that of the State, or in respect of the stocks, funds, shares or securities of any body of persons not resident in the State, are entrusted to any person in the State for payment to an investment undertaking within the meaning of section 739B and the person so entrusted would, apart from this paragraph, have an obligation imposed by section 17 and Chapter 1 of Part 3, or Chapter 2 of Part 4 and this Schedule, to pay the income tax on such interest, dividends or other annual payments, that obligation shall not apply.

(iii) an investment undertaking within the meaning of section 739B (inserted by the Finance Act, 2000), or

(c) an investment undertaking within the meaning given to it in section 739B; section 739B, or

(bbb) interest paid in the State to an investment undertaking within the meaning of section 739B,

(b) For the purposes of this section and sections 64 and 739B, the Revenue Commissioners may, designate by order one or more than one system for clearing securities as a “recognised clearing system”.

(10) (a) In this subsection, “investment undertaking” and “unit” have the same meanings respectively as in section 739B.

“investment undertaking” and “unit” have the same meanings respectively as in section 739B;

(d) This section shall not apply where the company issuing the shares or debentures is an investment undertaking within the meaning of section 739B.

(d) This section shall not apply where the company issuing the shares or debentures is an investment undertaking within the meaning of section 739B.

(a) an investment undertaking within the meaning of section 739B(1), or

“investment undertaking” has the same meaning as in section 739B;

“units” has the same meaning as in section 739B.

(ii) an investment undertaking (within the meaning of section 739B),

(ii) an investment undertaking (which has the same meaning as that assigned to it in section 739B),

(bb) references to an amount invested by a unit holder in an investment undertaking for the acquisition of a unit (in this paragraph referred to as the “original unit”), where the original unit has been exchanged for a unit or units in a transaction of the type referred to in paragraph (IIa) of the definition of “chargeable event” in section 739B(1), are references to the amount invested by the unit holder for the acquisition of the original unit, and

(dd) where the chargeable event is the appropriation or cancellation of units by an investment undertaking as a consequence of the transfer by a unit holder of entitlement to a unit, except as a consequence of a gain arising on a chargeable event within the meaning of paragraph (ccc) in section 739B(1), the amount determined under subsection (5A), and

(b) a chargeable event within the meaning of paragraph (ccc) of the definition of chargeable event in section 739B(1) occurred previously in relation to an investment undertaking in respect of a unit holder,

then the gain arising on the chargeable event referred to in paragraph (a) shall be determined as if section 739B(1)(ccc) had not been enacted.

(ii) if a chargeable event to which paragraph (ccc) of section 739B(1) refers has previously occurred, the value of the unit at the later of 30 June or 31 December prior to the date of the latest of such chargeable events.

(b) On the first occasion that the investment undertaking is required to compute a gain on the happening of a chargeable event within the meaning of paragraph (ccc) in section 739B(1) in respect of a unit holder, and—

(b) Where, under a scheme of migration, a company or a unit trust, as the case may be, comes within the definition of “investment undertaking” in section 739B(1), the following provisions apply—

“first tax”, in relation to a unit of a unit holder, means the appropriate tax that was accounted for and paid in accordance with section 739F section 739F or, as the case may be, in accordance with subsection (2A)(b)(iii) and section 739G(2A) in respect of a chargeable event within the meaning of paragraph (ccc) of the definition of “chargeable event” in section 739B(1) in relation to an investment undertaking in respect of the unit and which has not been repaid;

(2A)(a)Subsection (2) shall not apply in relation to a chargeable event to which paragraph (ccc) in section 739B(1) refers where—

(2A) Where a gain arises on a chargeable event to which paragraph (ccc) in section 739B(1) refers, and section 739E(2) does not apply to that chargeable event by virtue of subsection (2A) of that section, then such gain—

“qualifying intermediary” means an intermediary (within the meaning of section 739B(1)) who is authorised by the Central Bank of Ireland under—

(II) each of the shareholders of which is an investor which, if the company were an authorised investment company within the meaning of Part XIII of the Companies Act 1990 Part 24 of the Companies Act 2014 would be a collective investor within the meaning of section 739B,

“investment undertaking” has the same meaning as in section 739B(1);

“relevant AIF” means an AIF which is formed under the laws of a jurisdiction other than the State and which is not an investment undertaking within the meaning of section 739B;

“relevant profits”, in relation to a relevant UCITS or a relevant AIF, means the profits which would be relevant profits (within the meaning of section 739B) if the relevant UCITS or the relevant AIF were an investment undertaking (within the meaning of that section);

(b) which is formed under the laws of any Member State other than the State and which is not an investment undertaking within the meaning of section 739B;

(4) For the purposes of sections 172A(1), 256(1) and 739B(1), the reference to “an exempt approved scheme within the meaning of section 774” in the definition of “pension scheme” in those sections shall be deemed to include a reference to a scheme referred to in subsection (2).

“investment undertaking” has the meaning assigned to it in section 739B and “units in an investment undertaking” shall be construed accordingly;

(a) “investment undertaking” has the same meaning as in section 739B(1) but does not include a common contractual fund within the meaning of section 739I section 739I or an investment limited partnership within the meaning of section 739J;

(b) “unit” and “unit holder” have the same meanings respectively as in section 739B(1);

“investment undertaking” and “unit holder” have, respectively, the meanings assigned to them by section 739B;