No 39 of 1997, Section 772, Link Report

Links from Section 772
Act	Linked to	Context
Finance Act 2011	Finance Act 2011	(ii) An individual entitled to a pension under a retirement benefits scheme approved by the Revenue Commissioners before the date of passing of the Finance Act 2011 who, before that date, has exercised a deferred annuity option may opt in accordance with paragraph (a) within the period of one month from that date, where on or after that date the rules of the scheme are altered to enable such an option.
Finance Act 2011	Finance Act 2011	(iii) For the purposes of this paragraph, where an individual has exercised a deferred annuity option, the purchase of the annuity may be further deferred for a period of one month from the date of passing of the Finance Act 2011.
Finance Act 2011	Finance Act 2011	(III) the reference in subsection (6A) of section 784C to the individual were a reference to the first-mentioned individual and the reference in that subsection to the transfer, before the date of passing of the Finance Act 2011, of the amount referred to as B in the formula in section 784(2A) to an approved minimum retirement fund in respect of the individual, were a reference to the transfer, within the period of time referred to in subsection (3A)(ab)(ii), of the amount referred to as B in the formula in subsection (3A)(a) to an approved minimum retirement fund in respect of the first-mentioned individual.
Pensions Act, 1990	index.html	(3G) A retirement benefits scheme shall not cease to be an approved scheme where the trustees of the scheme, notwithstanding anything contained in the rules of the scheme as approved, discharge liabilities of the scheme under section 59(3) of the ~~Principal Act~~ Pensions Act 1990 (inserted by section 43 of the Social Welfare and Pensions Act 2010).
Pensions Act, 1990	sec0059.html	(3G) A retirement benefits scheme shall not cease to be an approved scheme where the trustees of the scheme, notwithstanding anything contained in the rules of the scheme as approved, discharge liabilities of the scheme under section 59(3) of the ~~Principal Act~~ Pensions Act 1990 (inserted by section 43 of the Social Welfare and Pensions Act 2010).
Social Welfare and Pensions Act, 2010	index.html	(3G) A retirement benefits scheme shall not cease to be an approved scheme where the trustees of the scheme, notwithstanding anything contained in the rules of the scheme as approved, discharge liabilities of the scheme under section 59(3) of the ~~Principal Act~~ Pensions Act 1990 (inserted by section 43 of the Social Welfare and Pensions Act 2010).
Social Welfare and Pensions Act, 2010	sec0043.html	(3G) A retirement benefits scheme shall not cease to be an approved scheme where the trustees of the scheme, notwithstanding anything contained in the rules of the scheme as approved, discharge liabilities of the scheme under section 59(3) of the ~~Principal Act~~ Pensions Act 1990 (inserted by section 43 of the Social Welfare and Pensions Act 2010).
Stamp Duty Consolidation Act, 1999	SDCA99.html	(c) that in relation to the discharge of all duties and obligations imposed on the administrator of a scheme ~~by this Chapter~~ by this Chapter and ~~Chapter 2C~~ , Chapter 2C and section 125B of the Stamp Duties Consolidation Act 1999 —
Stamp Duty Consolidation Act, 1999	sec0125B.html	(c) that in relation to the discharge of all duties and obligations imposed on the administrator of a scheme ~~by this Chapter~~ by this Chapter and ~~Chapter 2C~~ , Chapter 2C and section 125B of the Stamp Duties Consolidation Act 1999 —
Taxes Consolidation Act, 1997	sec0782A.html	(3I) A retirement benefits scheme shall not cease to be an approved scheme where the trustees of the scheme, notwithstanding anything contained in the rules of the scheme as approved, allow a member or, as the case may be, where the scheme is subject to a pension adjustment order, the spouse or former spouse or civil partner or former civil partner of the member, to avail of an option in accordance with section 782A.
Taxes Consolidation Act, 1997	sec0784.html	(i) that the retirement benefits scheme or, as the case may be, the relevant part of the scheme was an annuity contract approved in accordance with section 784,
Taxes Consolidation Act, 1997	sec0784.html	(iii) that the individual had opted in accordance with subsection (2A) of section 784.
Taxes Consolidation Act, 1997	sec0784.html	(a) the provisions of subsection (2B) of section 784 and of sections 784A, 784B, 784C, 784D and 784E shall, with any necessary modifications, apply as if—
Taxes Consolidation Act, 1997	sec0784.html	(III) the reference in subsection (6A) of section 784C to the individual were a reference to the first-mentioned individual and the reference in that subsection to the transfer, before the date of passing of the Finance Act 2011, of the amount referred to as B in the formula in section 784(2A) to an approved minimum retirement fund in respect of the individual, were a reference to the transfer, within the period of time referred to in subsection (3A)(ab)(ii), of the amount referred to as B in the formula in subsection (3A)(a) to an approved minimum retirement fund in respect of the first-mentioned individual.
Taxes Consolidation Act, 1997	sec0784A.html	(a) the provisions of subsection (2B) of section 784 and of sections 784A, 784B, 784C, 784D and 784E shall, with any necessary modifications, apply as if—
Taxes Consolidation Act, 1997	sec0784B.html	(a) the provisions of subsection (2B) of section 784 and of sections 784A, 784B, 784C, 784D and 784E shall, with any necessary modifications, apply as if—
Taxes Consolidation Act, 1997	sec0784C.html	B is the amount or value of assets which the trustees, administrators or other person charged with the management of the scheme (in this section referred to as “the trustees”) would, if the assumptions in paragraph (b) were made, be required, in accordance with section 784C, to transfer to an approved minimum retirement fund held in the name of the relevant individual or to apply in purchasing an annuity payable to the relevant individual with effect from the date of the exercise of the option.
Taxes Consolidation Act, 1997	sec0784C.html	(a) the provisions of subsection (2B) of section 784 and of sections 784A, 784B, 784C, 784D and 784E shall, with any necessary modifications, apply as if—
Taxes Consolidation Act, 1997	sec0784C.html	(I) the reference in subsection (2)(ii) of section 784C to an amount equivalent to the amount determined by the formula in that subsection were a reference to an amount equal to €63,500,
Taxes Consolidation Act, 1997	sec0784C.html	(II) the reference in subsection (4)(a)of section 784C to specified income per annum of an amount equal to the amount determined by the formula in that subsection were a reference to specified income per annum of €12,700, and
Taxes Consolidation Act, 1997	sec0784C.html	(III) the reference in subsection (6A) of section 784C to the individual were a reference to the first-mentioned individual and the reference in that subsection to the transfer, before the date of passing of the Finance Act 2011, of the amount referred to as B in the formula in section 784(2A) to an approved minimum retirement fund in respect of the individual, were a reference to the transfer, within the period of time referred to in subsection (3A)(ab)(ii), of the amount referred to as B in the formula in subsection (3A)(a) to an approved minimum retirement fund in respect of the first-mentioned individual.
Taxes Consolidation Act, 1997	sec0784D.html	(a) the provisions of subsection (2B) of section 784 and of sections 784A, 784B, 784C, 784D and 784E shall, with any necessary modifications, apply as if—
Taxes Consolidation Act, 1997	sec0784E.html	(a) the provisions of subsection (2B) of section 784 and of sections 784A, 784B, 784C, 784D and 784E shall, with any necessary modifications, apply as if—
Taxes Consolidation Act, 1997	sec0787O.html	(aa) In the case of a retirement benefits scheme that is a defined benefit arrangement within the meaning of section 787O(1), paragraph (a) shall, with any necessary modifications, apply in relation to an individual entitled to a pension under the scheme (other than a proprietary director of a company to which the scheme relates) as if—
Taxes Consolidation Act, 1997	sec0787TA.html	(3H) A retirement benefits scheme shall neither cease to be an approved scheme nor shall the Revenue Commissioners be prevented from approving a retirement benefits scheme for the purposes of this Chapter because of any provision in the rules of the scheme allowing a member who comes within the provisions of section 787TA to exercise an option in accordance with that section requiring an amount representing the value of, or part of the value of, the member’s accrued rights under the scheme at the date of the exercise of the option to be transferred by the trustees of the scheme to the member.
Links to Section 772 (from within TaxSource Total)
Act	Linked from	Context
Taxes Consolidation Act, 1997	sched23.html	(2) No liability incurred under Chapter 1 or this Schedule by the administrator of a scheme, or by an employer, shall be affected by the termination of the scheme or by its ceasing to be an approved scheme or an exempt approved scheme, or by the termination of the appointment of the person mentioned in section 772(2)(c). section 772(2)(c)(ii).
Taxes Consolidation Act, 1997	sched23B.html	(b) the individual exercises an option in accordance with section 772(3A), 784(2A) or 787H(1) for the transfer, on the date the annuity or, as the case may be, the pension would otherwise become payable, of an amount to any one or more of the following—
Taxes Consolidation Act, 1997	sec0770.html	“administrator”, in relation to a retirement benefits scheme, means the person or persons, established in a Member State of the European Communities, having the management of the scheme, and references to the administrator of a scheme shall be deemed to include the person mentioned in section 772(2)(c)(ii);
Taxes Consolidation Act, 1997	sec0772A.html	(b) the provisions of section 772(3A) apply.
Taxes Consolidation Act, 1997	sec0773.html	(1) The Revenue Commissioners may, if they think fit and subject to any undertakings and conditions that they think proper to attach to the approval, approve for the purposes of this Chapter a scheme of superannuation provided for under an agreement for the provision of services under section 58 of the Health Act, 1970 (in this section referred to as a “relevant scheme”) as if it were a retirement benefits scheme within the meaning of this Chapter and notwithstanding that it does not satisfy one or more of the conditions set out in subsections (2) and (3) of section 772.
Taxes Consolidation Act, 1997	sec0774.html	(i) is required by the rules of the scheme to be made, in respect of a benefit to which section 772(3)(b) applies, by way of deduction from a lump sum payable to the employee in accordance with section 772(3)(f), or
Taxes Consolidation Act, 1997	sec0774.html	(i) is required by the rules of the scheme to be made, in respect of a benefit to which section 772(3)(b) applies, by way of deduction from a lump sum payable to the employee in accordance with section 772(3)(f), or
Taxes Consolidation Act, 1997	sec0781.html	(a) the same considerations shall be taken into account, including the provisions of any other relevant scheme, as would have been taken into account by the Revenue Commissioners in applying section 772, and
Taxes Consolidation Act, 1997	sec0783.html	(2)(a) For the purposes of this Chapter, an office or employment shall be a pensionable office or employment only if service in it is service to which a sponsored superannuation scheme relates (not being a scheme under which the benefits provided in respect of that service are limited to ~~a lump sum payable on the termination of the service through death before the age of 70 years or some lower age~~ benefits of a kind referred to in paragraphs (b) and (c) of section 772(3), including any similar benefit provided under a statutory scheme established under a public statute, or disability before the age of 70 years or some lower age); but references to a pensionable office or employment apply whether or not the duties are performed wholly or partly in the State or the holder is chargeable to tax in respect of the office or employment.
Taxes Consolidation Act, 1997	sec0787E.html	(3) Where during a year of assessment an individual is a member either of an approved scheme or of a statutory scheme (hereafter in this subsection referred to as a “scheme”) in relation to an office or employment, Where during a year of assessment an individual is a member either of an approved scheme or of a statutory scheme (hereafter referred to as a “scheme”) in relation to an office or employment, not being a scheme under which the benefits provided in respect of that service are limited to benefits of a kind referred to in paragraphs (b) and (c) of section 772(3), including any similar benefit provided under a statutory scheme established under a public statute, the following provisions shall apply, that is to say—
Taxes Consolidation Act, 1997	sec0787E.html	shall not exceed the maximum benefits that could be provided for the individual by reference to section 772.
Taxes Consolidation Act, 1997	sec0787G.html	(a) an amount made available, at the time assets of the PRSA are first made available to the PRSA contributor, by way of lump sum not exceeding 25 per cent of the value of the assets in the PRSA at that time or, in the case of a PRSA to which additional voluntary PRSA contributions were made, an amount not exceeding the amount that may be paid by way of lump sum in accordance with section 772(3)(f) in conjunction with the rules of the scheme,
Taxes Consolidation Act, 1997	sec0787O.html	(b) the annuity or, as the case may be, the pension would otherwise become payable under a relevant pension arrangement where the individual exercises an option in accordance with section 772(3A), 784(2A) or, as the case may be, section 787H(1),
Taxes Consolidation Act, 1997	sec0787O.html	“relevant option”, in relation to a non-member and a transfer arrangement, means the option referred to in section 772(3A), 784(2A) or 787H(1), as the case may be, to the extent that those options refer to a transfer to an approved retirement fund, or where the transfer arrangement is a PRSA, the option to retain the assets of the transfer arrangement in that arrangement (or any other similar arrangement);
Taxes Consolidation Act, 1997	sec0787TA.html	(iii) the transfer to the individual under the rules of the scheme of an amount on the exercise of an option by the individual under section 772(3A)(a) or 784(2A) and taxed in accordance with section 784(2B) (or, as the case may be, taxed in accordance with that section by virtue of section 772(3B)), or an amount transferred to the individual at the time assets of the PRSA are first made available from the PRSA and taxed in accordance with section 787G(1),
Taxes Consolidation Act, 1997	sec0787TA.html	(iii) the transfer to the individual under the rules of the scheme of an amount on the exercise of an option by the individual under section 772(3A)(a) or 784(2A) and taxed in accordance with section 784(2B) (or, as the case may be, taxed in accordance with that section by virtue of section 772(3B)), or an amount transferred to the individual at the time assets of the PRSA are first made available from the PRSA and taxed in accordance with section 787G(1),
Taxes Consolidation Act, 1997	sec0790AA.html	(ii) Without prejudice to the generality of subparagraph (i), the reference in that subparagraph to the commutation of part of a pension or of part of an annuity shall, in a case where an individual opts in accordance with section 772(3A) or, as the case may be, section 784(2A), be construed as a reference to the commutation of part of the pension or, as the case may be, part of the annuity which would, but for the exercise of that option, be payable to the individual.
Taxes Consolidation Act, 1997	sec0084.html	Where a superannuation scheme is established in connection with a trade or undertaking or a superannuation scheme so established is altered, and the person by whom the trade or undertaking is carried on makes a payment in respect of expenses (including a payment in respect of professional fees, but not including a payment by means of contribution towards the cost of providing the benefits payable under the scheme) in connection with such establishment or alteration, then, if the scheme or, as the case may be, the altered scheme is approved by the Revenue Commissioners under section 772, the amount of the payment shall be allowed to be deducted in the computation, for the purposes of assessment to tax, of the profits or gains of the trade or undertaking as an expense incurred when the payment is made.