Taxes Consolidation Act, 1997 (Number 39 of 1997)
[2]>
[1]>
835E Small or medium-sized enterprise.
(1) This Part does not apply in computing for any chargeable period the profits or gains or losses of a person if that person is a small or medium-sized enterprise for that chargeable period.
(2) For the purposes of this section “small or medium-sized enterprise” means an enterprise which would fall within the category of micro, small and medium-sized enterprises as defined in the Annex to the Commission Recommendation (in this section referred to as the “Annex”) if—
(a) in the case of an enterprise which is in liquidation or administration, the rights of the liquidator or administrator (in that capacity) were left out of account when applying Article 3(3)(b) of the Annex in determining for the purposes of this Part whether—
(i) that enterprise, or
(ii) any other enterprise (including that of the liquidator or administrator),
is a small or medium-sized enterprise,
(b) Article 3 of the Annex had effect with the omission of paragraph 5 of that Article,
(c) the first sentence of Article 4(1) of the Annex had effect as if the data to apply to—
(i) the headcount of staff, and
(ii) the financial amounts,
were the data relating to the chargeable period referred to in subsection (1) (instead of the period described in the said first sentence of Article 4(1) of the Annex) and calculated on an annual basis, and
(d) Article 4 of the Annex had effect with the omission of the following provisions—
(i) the second sentence of paragraph 1 of that Article,
(ii) paragraph 2 of that Article, and
(iii) paragraph 3 of that Article.
<[1]
<[2]
[2]>
835E Modification of basic rules on transfer pricing for arrangements between qualifying relevant persons.
(1) For the purposes of this Part, “qualifying relevant person” means a relevant person—
(a) who is chargeable to income tax or corporation tax under Schedule D in respect of the profits or gains or losses arising from the relevant activities or who would be chargeable to corporation tax in respect of the profits or gains arising from the relevant activities but for section 129,
(b) who, where that person is chargeable to income tax in respect of the profits or gains or losses arising from the relevant activities, is resident in the State for the purposes of tax for the chargeable period or periods in which a charge arises, and
(c) who is not a qualifying company within the meaning of section 110.
(2) This section shall apply to an arrangement involving a supplier and an acquirer who are qualifying relevant persons.
(3) Where, in relation to an arrangement referred to in subsection (2), a supplier or an acquirer, as the case may be, is chargeable to tax under Schedule D, other than under Case I or II of Schedule D, in respect of the profits or gains or losses arising from the relevant activities, section 835C shall not apply in computing the amount of the profits or gains or losses arising to the supplier or the acquirer, as the case may be, from the relevant activities.
(4) Subsection (3) shall not apply in the case of an arrangement involving a supplier and an acquirer who are qualifying relevant persons (in this subsection referred to as the “first-mentioned arrangement” ) which is made as part of, or in connection with any scheme involving the acquirer in relation to the first-mentioned arrangement, or a person associated with the acquirer, entering into an arrangement with a person or persons who are not qualifying relevant persons (in this subsection referred to as the “second-mentioned arrangement” ) and the sole or main purpose of the first-mentioned arrangement is to directly or indirectly obtain a tax advantage in connection with the second- mentioned arrangement.
(5) For the purpose of subsection (4), “tax advantage” has the same meaning as in section 811C.
(6) A relevant person shall maintain and have available such records as may reasonably be required for the purposes of determining whether the requirements of this section are met.
<[2]
[1]
Inserted by FA10 s42(1). This section applies for chargeable periods beginning on or after 1 January 2011 in relation to any arrangement (within the meaning of s835A(1)) other than any such arrangement the terms of which are agreed before 1 July 2010.
[2]
Substituted by FA19 s27(1). Applies for chargeable periods commencing on or after 1 January 2020. Shall not apply as respects an allowance (other than a balancing allowance) to be made to a person in a chargeable period commencing on or after 1 January 2020 in respect of capital expenditure incurred on an asset before 1 January 2020.