Law of Capital Acquisitions Tax, Finance Act 2010
- CURRENT LEGISLATION
- (a) CAPITAL ACQUISITIONS TAX CONSOLIDATION ACT 2003
- PART 5 Provisions Relating to Gifts and Inheritances
- Section 31 Distributions from discretionary trusts
- Section 32 Dealings with future interests.
- Section 33 Release of limited interests, etc.
- Section 34 Settlement of an interest not in possession.
- Section 35 Enlargement of interests.
- Section 36 Dispositions involving powers of appointment.
- Section 37 Cesser of liabilities.
- Section 38 Disposition enlarging value of property.
- Section 39 Gift subject to power of revocation.
- Section 40 Free use of property, free loans, etc.
- Section 41 When interest in assurance policy becomes interest in possession.
- Section 42 Provisions to apply where section 98 of Succession Act 1965 has effect.
- Section 43 Disposition by or to a company.
- Section 44 Arrangements reducing value of company shares
- PART 6 Returns and Assessments
- Section 45 Accountable persons.
- Section 45A Obligation to retain certain records.
- Section 45AA Liability of certain persons in respect of non-resident beneficiaries.
- Section 46 Delivery of returns.
- Section 46A Expression of doubt.
- Section 47 Signing of returns, etc.
- Section 48 Affidavits and accounts.
- Section 49 Assessment of tax.
- Section 50 Computation of tax.
- PART 7 Payment and Recovery of Tax, Interest and Penalties
- Section 51 Payment of tax and interest on tax.
- Section 52 Set-off of gift tax paid in respect of an inheritance.
- Section 53 Surcharge for undervaluation of property
- Section 53A Surcharge for late returns
- Section 54 Payment of tax by instalments.
- Section 55 Payment of tax on certain assets by instalments
- Section 56 Payment of inheritance tax by transfer of securities.
- Section 57 Overpayment of tax
- Section 58 Penalties.
- Section 59 Postponement, remission and compounding of tax.
- Section 60 Tax to be a charge.
- Section 61 Receipts and certificates.
- Section 62 Certificate relating to registration of title based on possession
- Section 63 Recovery of tax and penalties.
- Section 64 Application of certain income tax provisions in relation to the collection and recovery of capital acquisitions tax, etc.
- Section 65 Evidence in proceedings for recovery of tax.
- PART 9 Exemptions
- Section 69 Exemption of small gifts.
- Section 70 Exemption for spouses (gifts).
- Section 71 Exemption for spouses (inheritances).
- Section 72 Relief in respect of certain policies of insurance.
- Section 73 Relief in respect of certain policies of insurance relating to tax payable on gifts.
- Section 74 Exemption of certain policies of assurance
- Section 75 Exemption of specified collective investment undertakings.
- Section 76 Provisions relating to charities, etc.
- Section 77 Exemption of heritage property
- Section 78 Heritage property of companies
- Section 79 Exemption of certain inheritances taken by parents
- Section 80 Payments relating to retirement, etc.
- Section 81 Exemption of certain securities.
- Section 82 Exemption of certain receipts.
- Section 83 Exemption where disposition was made by the donee or successor.
- Section 84 Exemption relating to qualifying expenses of incapacitated persons
- Section 85 Exemption relating to retirement benefits
- Section 86 Exemption relating to certain dwellings
- Section 87 Exemption of certain benefits
- Section 88 Exemption of certain transfers from capital acquisitions tax following the dissolution of a marriage.
- PART 10 Reliefs
- CHAPTER 2 Business Relief
- Section 90 Interpretation (Chapter 2).
- Section 91 Application (Chapter 2).
- Section 92 Business relief.
- Section 93 Relevant business property.
- Section 94 Minimum period of ownership.
- Section 95 Replacements.
- Section 96 Succession.
- Section 97 Successive benefits.
- Section 98 Value of business.
- Section 99 Value of certain shares and securities.
- Section 100 Exclusion of value of excepted assets.
- Section 101 Withdrawal of relief.
- Section 102 Avoidance of double relief.
- PART 11 Miscellaneous
- Section 108 Certificates for probate.
- Section 109 Payment of money standing in names of 2 or more persons.
- Section 110 Court to provide for payment of tax.
- Section 111 Liability to tax in respect of certain sales and mortgages.
- Section 112 References in deeds and wills, etc. to death duties.
- Section 113 Tax, in relation to certain legislation.
- Section 114 Delivery, service and evidence of notices and forms, etc.
- Section 115 Extension of certain Acts.
- Section 116 Regulations.
- Section 117 Care and management.
- (b) EXTRACTS FROM TAXES CONSOLIDATION ACT 1997 AS AMENDED UP TO FINANCE ACT 2010
- Section 7 Application to certain taxing statutes of Age of Majority Act, 1985.
- Section 8 Construction of certain taxing statutes in accordance with Status of Children Act, 1987.
- Section 176 Purchase of unquoted shares by issuing company or its subsidiary.
- Section 431 Certain companies with quoted shares not to be close companies.
- Section 730GB Capital acquisitions tax: set-off.
- Section 811 Transactions to avoid liability to tax.
- Section 811A Transactions to avoid liability to tax: surcharge, interest and protective notification.
- Section 817D Interpretation and general (Chapter 3)
- Section 817E Duty of promoter.
- Section 817F Duty of person where promoter is outside the State.
- Section 817G Duty of person where there is no promoter.
- Section 817H Duty of person where legal professional privilege claimed.
- Section 817I Pre-disclosure enquiry.
- Section 817J Legal professional privilege.
- Section 817K Supplemental information.
- Section 817L Duty of marketer to disclose.
- Section 817M Duty of promoter to provide client list.
- Section 817N Supplemental matters.
- Section 817O Penalties
- Section 817P Appeal Commissioners.
- Section 817Q Regulations (Chapter 3).
- Section 817R Nomination of Revenue Officers.
- Section 818 Interpretation (Part 34).
- Section 819 Residence.
- Section 820 Ordinary residence.
- Section 822 Split year residence.
- Section 824 Appeals.
- Section 825 Residence treatment of donors of gifts to the State.
- Section 858 Evidence of authorisation.
- Section 859 Anonymity of authorised officers in relation to certain matters.
- Section 872 Use of information relating to other taxes and duties.
- Section 887 Use of electronic data processing.
- Section 896A Returns in relation to settlements and trusts
- Section 900 Power to call for production of books, information, etc.
- Section 901 Application to High Court: production of books, information, etc.
- Section 902 Information to be furnished by third party: request of an authorised officer.
- Section 902A Application to High Court: information from third party.
- Section 905 Inspection of documents and records.
- Section 906 Authorised officers and Garda Síochána.
- Section 906A Information to be furnished by financial institutions.
- Section 907 Application to Appeal Commissioners: information from financial institutions.
- Section 907A Application to Appeal Commissioners: information from third party
- Section 908 Application to High Court seeking order requiring information: financial institutions.
- Section 908A Revenue offence: power to obtain information from financial institutions.
- Section 908B Application to High Court seeking order requiring information: associated institutions.
- Section 908C Search warrants.
- Section 908D Order to produce evidential material.
- Section 910 Power to obtain information from a Minister of the Government or public body.
- Section 912 Computer documents and records.
- Section 912A Information for tax authorities in other territories.
- Section 917D Interpretation (Chapter 6).
- Section 917E Application.
- Section 917EA Mandatory electronic filing and payment of tax.
- Section 917F Electronic transmission of returns.
- Section 917G Approved persons
- Section 917H Approved transmissions.
- Section 917J Acknowledgement of electronic transmissions.
- Section 917K Hard copies
- Section 917L Exercise of powers
- Section 917M Proceedings
- Section 917N Miscellaneous
- Section 928 Transmission to Collector - General of particulars of sums to be collected
- Section 951 Obligation to make a return
- Section 960A Interpretation
- Section 960B Discharge of Collector - General’s functions.
- Section 960C Tax to be due and payable to Revenue Commissioners.
- Section 960D Tax to be debt due to Minister for Finance.
- Section 960E Collection of tax, issue of demands, etc
- Section 960F Moneys received for capital acquisitions tax and stamp duties and not appropriated to be recoverable.
- Section 960G Duty of taxpayer to identify liability against which payment to be set, etc.
- Section 960H Offset between taxes
- Section 960I Recovery of tax by way of civil proceedings
- Section 960J Evidential and procedural rules
- Section 960K Judgments for recovery of tax
- Section 960L Recovery by sheriff or county registrar
- Section 960M Taking by Collector - General of proceedings in bankruptcy
- Section 960N Continuance of pending proceedings and evidence in proceedings
- Section 980 Deduction from consideration on disposal of certain assets.
- Section 1002 Deduction from payments due to defaulters of amounts due in relation to tax
- Section 1003 Payment of tax by means of donation of heritage items.
- Section 1003A Payment of tax by means of donation of heritage property to an Irish heritage trust.
- Section 1006 Poundage and certain other fees due to sheriffs or county registrars.
- Section 1006A Offset between taxes.
- Section 1077A Interpretation (Chapter 3A).
- Section 1077B Penalty notifications and determinations
- Section 1077C Recovery of penalties
- Section 1077D Proceedings against executor, administrator or estate
- Section 1078 Revenue offences.
- Section 1078A Concealing facts disclosed by documents.
- Section 1078B Presumptions.
- Section 1078C Provision of information to juries.
- Section 1079 Duties of relevant person in relation to certain revenue offences.
- Section 1086 Publication of names of tax defaulters.
- Section 1089 Status of interest on certain unpaid taxes and duties.
- Section 1093 Disclosure of information to Ombudsman.
- Section 1096B Evidence of computer stored records in court proceedings etc.