Returns & Assessments
TAXES CONSOLIDATION ACT
Chapter 5
Capital gains tax: returns, information, etc. (ss. 913-917C)
913.
Application of income tax provisions relating to returns, etc.
(1)The provisions of the Income Tax Acts relating to the making or delivery of any return, statement, declaration, list or other document, the furnishing of any particulars, the production of any document, the making of anything available for inspection, the delivery of any account or the making of any representation, shall, subject to any necessary modifications, apply in relation to capital gains tax as they apply in relation to income tax.
(2)In particular and without prejudice to subsection (1), sections 876 to 880, sections 888 and 900 and paragraph 1 of Schedule 1 shall, subject to any necessary modifications, apply in relation to capital gains tax.
(3)A notice under any provision of the Income Tax Acts as applied by this section may require particulars of any assets acquired by the person on whom the notice was served (or, if the notice relates to income or chargeable gains of some other person for whom the person who receives the notice is required to make a return under section 878, as so applied by this section, of any assets acquired by that other person) in the period specified in the notice, being a period beginning not earlier than the 6th day of April, 1974, but excluding –
(a)any assets exempted by section 607 or 613, or
(b)any assets acquired as trading stock.
(4)The particulars required under this section may include particulars of the person from whom the asset was acquired and of the consideration for the acquisition.
(5)
(a)An event which, apart from section 584(3) as applied by section 586 or 587, would constitute the disposal of an asset shall for the purposes of this section constitute such a disposal.
(b)An event which, apart from section 584(3) as applied by section 586 or 587, would constitute the acquisition of an asset shall for the purposes of this section constitute such an acquisition.
(6)Section 888 as applied by this section shall apply to property or leases of property other than premises as it applies to premises or leases of premises.
(7)A return of income of a partnership under section 880 shall include –
(a)with respect to any disposal of partnership assets during a period to which any part of the return relates, the like particulars as if the partnership were liable to tax on any chargeable gain accruing on the disposal, and
(b)with respect to any acquisition of partnership assets, the particulars required by subsection (3).
(8)A return under section 879 as applied by this section in relation to chargeable gains accruing to a married woman in a year of assessment, or part of a year of assessment, during which she is a married woman and living with her husband may be required either from her or, if her husband is liable under section 1028(1), from him.
914.
Returns by issuing houses, stockbrokers, auctioneers, etc.
(1)For the purpose of obtaining particulars of chargeable gains, an inspector may by notice in writing require a return under any provision of this section.
(2)
(a)In this subsection, “shares” includes units in a unit trust.
(b)An issuing house or other person carrying on a business of effecting public issues of shares or securities in any company, or placings of shares or securities in any company, either on behalf of the company or on behalf of holders of blocks of shares or securities which have not previously been the subject of a public issue or placing, may be required to make a return of all such public issues or placings effected by that person in the course of the business in the period specified in the notice requiring the return, giving particulars of the persons to or with whom the shares or securities are issued, allotted or placed, and the number or amount of the shares or securities so obtained by them respectively.
(3)A person not carrying on such a business may be required to make a return as regards any such issue or placing effected by that person and specified in the notice, giving particulars of the persons to or with whom the shares or securities are issued, allotted or placed and the number or amount of the shares or securities so obtained by them respectively.
(4)A member of a stock exchange in the State may be required to make a return giving particulars of any transactions effected by that member in the course of that member’s business in the period specified in the notice requiring the return and giving particulars of –
(a)the parties to the transactions,
(b)the number or amount of the shares or securities dealt with in the respective transactions, and
(c)the amount or value of the consideration.
(5)A person (other than a member of a stock exchange in the State) who acts as an agent in the State in transactions in shares or securities may be required to make a return giving particulars of –
(a)any such transactions effected by that person in the period specified in the notice,
(b)the parties to the transactions,
(c)the number or amount of the shares or securities dealt with in the respective transactions, and
(d)the amount or value of the consideration.
(6)An auctioneer and any person carrying on a trade of dealing in any description of tangible movable property, or of acting as an agent or intermediary in dealings in any description of tangible movable property, may be required to make a return giving particulars of any transactions effected by or through that auctioneer or that person, as the case may be, in which any asset which is tangible movable property is disposed of for a consideration the amount or value of which, in the hands of the recipient, exceeds –
(a)as respects transactions effected on or after the 6th day of April, 1994, but before the 6th day of April, 1995, €6,350, and
(b)as respects transactions effected on or after the 6th day of April, 1995, €19,050.
(7)No person shall be required under this section to include in a return particulars of any transaction effected more than 3 years before the service of the notice requiring that person to make the return.
(8)Where a return is required to be made under this section, it shall be made, where the Revenue Commissioners so require, in an electronic format approved by the Revenue Commissioners.
915.
Returns by nominee shareholders.
(1)In this section, references to shares include references to securities and loan capital.
(2)Where, for the purpose of obtaining particulars of chargeable gains, any person in whose name any shares of a company are registered is so required by notice in writing by the Revenue Commissioners or by an inspector, that person shall state whether or not that person is the beneficial owner of those shares and, if that person is not the beneficial owner of those shares or any of them, shall furnish the name and address of the person or persons on whose behalf the shares are registered in that person’s name.
916. Returns by party to a settlement.
The Revenue Commissioners may by notice in writing require any person, being a party to a settlement, to furnish them within such time as they may direct (not being less than 28 days) with such particulars relating to the settlement as they think necessary for the purposes of the Capital Gains Tax Acts.
917. Returns relating to non-resident companies and trusts.
A person who –
(a)holds shares or securities in a company not resident or ordinarily resident in the State, or
(b)is beneficially interested or acts as agent for or on behalf of a person who is beneficially interested in settled property under a settlement the trustees of which are not resident or ordinarily resident in the State,
may be required by a notice by the Revenue Commissioners to give such particulars as the Revenue Commissioners may consider are required to determine whether the company or trust is within sections 579 to 579F and section 590, and whether any chargeable gains have accrued to that company, or to the trustees of that settlement, in respect of which the person to whom the notice is given is liable to capital gains tax under sections 579 to 579F or section 590.
917A.
Return of property transfers to non-resident trustees.
(1)[deleted]
(2)This section applies where –
(a)on or after the 11th day of February, 1999, a person (in this section referred to as the ‘transferor’) transfers property to the trustees of a settlement otherwise than under a transaction entered into at arm’s length,
(b)the trustees of the settlement are neither resident nor ordinarily resident in the State at the time the property is transferred, and
(c)the transferor knows or has reason to believe, that the trustees are not so resident and ordinarily resident.
(3)Where this section applies, the transferor shall, before the expiry of 3 months beginning with the day on which the transfer is made, deliver to the appropriate inspector a statement which –
(a)identifies the settlement, and
(b)specifies the property transferred, the day on which the transfer was made, and the consideration (if any) for the transfer.
(4)Where a transferor fails –
(a)to make a statement required to be made by the transferor in accordance with subsection (3), or
(b)to include in such a statement the details referred to in subsection (3),
the transferor shall in respect of each such failure be liable to a penalty of €4,000.
(5)[deleted]
917B.
Return by settlor in relation to non-resident trustees.
(1)In this section and in section 917C ‘arrangements’ means arrangements having the force of law by virtue of section 826(1) (as extended to capital gains tax by section 828);
(2)This section applies where a settlement is created on or after the 11th day of February, 1999, and at the time it is created –
(a)the trustees are neither resident nor ordinarily resident in the State, or
(b)the trustees are resident and ordinarily resident in the State but fall to be regarded for the purposes of any arrangements as resident in a territory outside the State.
(3)Where this section applies, any person who –
(a)is a settlor in relation to the settlement at the time it is created, and
(b)at that time fulfils the condition mentioned in subsection (4),
shall, before the expiry of the period of 3 months beginning with the day on which the settlement is created, deliver to the appropriate inspector a statement specifying –
(i)the day on which the settlement was created;
(ii)the name and address of the person making the statement; and
(iii)the names and addresses of the persons who are the trustees immediately before the delivery of the statement.
(4)The condition is that the person concerned is domiciled in the State and is either resident or ordinarily resident in the State.
(5)Where a person fails –
(a)to make a statement required to be made by the person in accordance with subsection (3), or
(b)to include in such a statement the details referred to in subsection (3),
then the person shall in respect of each such failure be liable to a penalty of €4,000.
(6)[deleted]
917C.
Return by certain trustees.
(1)This section applies where –
(a)the trustees of a settlement become at any time (in this section referred to as ‘the relevant time’) on or after the 11th day of February, 1999, neither resident nor ordinarily resident in the State, or
(b)the trustees of a settlement, while continuing to be resident and ordinarily resident in the State, become at any time (in this section also referred to as ‘the relevant time’) on or after the 11th day of February, 1999, trustees who fall to be regarded for the purposes of any arrangements as resident in a territory outside the State.
(2)Where this section applies, any person who was a trustee of the settlement immediately before the relevant time shall, before the expiry of the period of 3 months beginning with the day when the relevant time falls, deliver to the appropriate inspector a statement specifying –
(a)the day on which the settlement was created,
(b)the name and address of each person who is a settlor in relation to the settlement immediately before the delivery of the statement, and
(c)the names and addresses of the persons who are the trustees immediately before the delivery of the statement.
(3)Where a person fails –
(a)to make a statement required to be made by the person in accordance with subsection (2), or
(b)to include in such a statement the details referred to in subsection (2),
then the person shall in respect of each such failure be liable to a penalty of €4,000.
(4)[deleted]
Chapter 6
Electronic transmission of returns of income, profits, etc., and of other Revenue returns (ss. 917D-917N)
917D.
Interpretation (Chapter 6).
(1)In this Chapter –
“the Acts” means –
(a)the statutes relating to the duties of excise and to the management of those duties,
(aa)the Customs Acts,
(b)the Tax Acts,
(c)the Capital Gains Tax Acts,
(d)the Value-Added Tax Consolidation Act 2010, and the enactments amending or extending that Act,
(e)the Capital Acquisitions Tax Consolidation Act 2003, and the enactments amending or extending that Act,
(f)the Stamp Duties Consolidation Act 1999, and the enactments amending or extending that Act,
(fa)Part 4A,
(g)Part 22A,
(h)the Energy (Windfall Gains in the Energy Sector) (Temporary Solidarity Contribution) Act 2023,
and any instruments made under any of the statutes and enactments referred to in paragraphs (a) to (h);
“approved person” shall be construed in accordance with section 917G;
“approved transmission” shall be construed in accordance with section 917H;
“authorised person” has the meaning assigned to it by section 917G(3)(a);
“digital signature” in relation to a person, means –
(a)a qualified certificate (within the meaning of the Electronic Commerce Act 2000) provided to the person by the Revenue Commissioners (or a person appointed in that behalf by the Revenue Commissioners), and
(b)an advanced electronic signature (within the meaning of that Act) generated using the qualified certificate referred to in paragraph (a);
“electronic identifier” in relation to a person, means –
(a)the person’s digital signature, or
(b)such other means of electronic identification as may be specified or authorised by the Revenue Commissioners for the purposes of this Chapter;
“hard copy”, in relation to information held electronically, means a printed out version of that information;
“return” means any return, claim, application, notification, election, declaration, nomination, statement, list, registration, particulars or other information which a person is or may be required by the Acts to give to the Revenue Commissioners or any Revenue officer;
“revenue officer” means the Collector-General, an inspector or other officer of the Revenue Commissioners (including an inspector or other officer who is authorised under any provision of the Acts (however expressed) to receive a return or to require a return to be prepared and delivered);
“tax” means any income tax, corporation tax, capital gains tax, value-added tax, gift tax, inheritance tax, customs duty, excise duty, stamp duty or temporary solidarity contribution (within the meaning of the Energy (Windfall Gains in the Energy Sector) (Temporary Solidarity Contribution) Act 2023) or IIR top-up tax, UTPR top-up tax or domestic top-up tax (each within the meaning of Part 4A).
(2)[deleted]
(3)Any references in this Chapter to the making of a return include references in any provision of the Acts to –
(a)the preparing and delivering of a return;
(b)the sending of a return;
(c)the furnishing of a return or of particulars;
(d)the delivering of a return;
(e)the presentation of a return;
(f)the rendering of a return;
(g)the giving of particulars or of any information specified in any provision; and
(h)any other means whereby a return is forwarded, however expressed.
917E.
Application.
This Chapter shall apply to a return if –
(a)the provision of the Acts under which the return is made is specified for the purpose of this Chapter by order made by the Revenue Commissioners, and
(b)the return is required to be made after the day appointed by such order in relation to returns to be made under the provision so specified.
917EA.
Mandatory electronic filing and payment of tax.
(1)In this section –
‘electronic means’ includes electrical, digital, magnetic, optical, electromagnetic, biometric, photonic means of transmission of data and other forms of related technology by means of which data is transmitted;
‘repayment of tax’ includes any amount relating to tax which is to be paid or repaid by the Revenue Commissioners;
‘specified person’ means any person, group of persons or class of persons specified in regulations made under this section for the purposes of either or both paragraphs (a) and (b) of subsection (3);
‘specified return’ means a return specified in regulations made under this section;
‘specified tax liabilities’ means liabilities to tax including interest on unpaid tax specified in regulations made under this section.
(2)Section 917D shall apply for the purposes of regulations made under this section in the same way as it applies for the purposes of this Chapter.
(3)The Revenue Commissioners may make regulations –
(a)requiring the delivery by specified persons of a specified return by electronic means where an order under section 917E has been made in respect of that return,
(b)requiring the payment by electronic means of specified tax liabilities by specified persons, and
(c)for the repayment of any tax specified in the regulations to be made by electronic means.
(4)Regulations made under this section shall include provision for the exclusion of a person from the requirements of regulations made under this section where the Revenue Commissioners are satisfied that the person could not reasonably be expected to have the capacity to make a specified return or to pay the specified tax liabilities by electronic means, and allowing a person, aggrieved by a failure to exclude such person, to appeal that failure to the Appeal Commissioners.
(5)Regulations made under this section may, in particular and without prejudice to the generality of subsection (3), include provision for –
(a)the electronic means to be used to pay or repay tax,
(b)the conditions to be complied with in relation to the electronic payment or repayment of tax,
(c)determining the time when tax paid or repaid using electronic means is to be taken as having been paid or repaid,
(d)the manner of proving, for any purpose, the time of payment or repayment of any tax paid or repaid using electronic means, including provision for the application of any conclusive or other presumptions,
(e)notifying persons that they are specified persons, including the manner by which such notification may be made, and
(f)such supplemental and incidental matters as appear to the Revenue Commissioners to be necessary.
(6)The Revenue Commissioners may nominate any of their officers to perform any acts and discharge any functions authorised by regulation made under this section to be performed or discharged by the Revenue Commissioners.
(7)Where a specified person –
(a)makes a return which is a specified return for the purposes of regulations made under this section, or
(b)makes a payment of tax which is specified tax liabilities for the purposes of regulations made under this section,
in a form other than that required by any such regulation, the specified person shall be liable to a penalty of €1,520.
(8)Every regulation made under this section shall be laid before Dáil Éireann as soon as may be after it is made and, if a resolution annulling the regulation is passed by Dáil Éireann within the next 21 days on which Dáil Éireann has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under the regulation.
917F.
Electronic transmission of returns.
(1)Notwithstanding any other provision of the Acts, the obligation of any person to make a return to which this Chapter applies shall be treated as fulfilled by that person if information is transmitted electronically in compliance with that obligation, but only if –
(a)the transmission is made by an approved person or an authorised person,
(b)the transmission is an approved transmission,
(c)the transmission bears the electronic identifier of that person, and
(d)the receipt of the transmission is acknowledged in accordance with section 917J.
(2)In subsection (1), the reference to the information which is required to be included in the return includes any requirement on a person to –
(a)make any statement,
(b)include any information, accounts, statements, reports or further particulars, or
(c)make or attach any claim.
(3)Where the obligation of any person to make a return to which this Chapter applies is treated as fulfilled in accordance with subsection (1) then, any provision of the Acts which –
(a)requires that the return include or be accompanied by any description of declaration whatever by the person making the return, apart from a declaration of an amount,
(b)requires that the return be signed or accompanied by a certificate,
(c)requires that the return be in writing,
(d)authorises the return to be signed by a person acting under the authority of the person obliged to make the return,
(e)authorises the Revenue Commissioners to prescribe the form of a return or which requires a return to be in or on any prescribed form, or
(f)for the purposes of any claim for exemption or for any allowance, deduction or repayment of tax under the Acts which is required to be made with the return, authorises the Revenue Commissioners to prescribe the form of a claim,
shall not apply.
(4)Where the obligation of any person to make a return to which this Chapter applies is treated as fulfilled in accordance with subsection (1) then, the time at which any requirement under the Acts to make a return is fulfilled shall be the day on which the receipt of the information referred to in that subsection is acknowledged in accordance with section 917J.
(5)Where an approved transmission is made by –
(a)an approved person on behalf of another person, or
(b)an authorised person on behalf of another person (not being the person who authorised that person),
a hard copy of the information shall be made and authenticated in accordance with section 917K.
(6)
(a)Where the obligation of any person to make a return to which this Chapter applies is treated as fulfilled in accordance with subsection (1) then, any requirement that –
(i)the return or any claim which is to be made with or attached to the return should be accompanied by any document (in this subsection referred to as a ‘supporting document’) other than the return or the claim, and
(ii)the supporting document be delivered with the return or the claim,
shall be treated as fulfilled by the person subject to the requirement if the person or the approved person referred to in subsection (1)(a) retains the document for inspection on request by a revenue officer.
(b)Any person subject to the requirement referred to in paragraph (a) shall produce any supporting documents requested by a revenue officer within 30 days of that request.
(c)The references in this subsection to a document include references to any accounts, certificate, evidence, receipts, reports or statements.
917G.
Approved persons.
(1)A person shall be an approved person for the purposes of this Chapter if the person is approved by the Revenue Commissioners for the purposes of transmitting electronically information which is required to be included in a return to which this Chapter applies (in this section referred to as ‘the transmission’) and complies with the condition specified in subsection (3)(a) in relation to authorised persons and the condition specified in subsection (3)(b) in relation to the making of transmissions and the use of electronic identifiers.
(2)A person seeking to be approved under this section shall make application in that behalf to the Revenue Commissioners by such means as the Revenue Commissioners may determine for the purposes of this section.
(3)The conditions referred to in subsection (1) are that –
(a)the person notifies the Revenue Commissioners in a manner to be determined by the Revenue Commissioners of the persons (each of whom is referred to in this section as an ‘authorised person’), in addition to the person, who are authorised to make the transmission, and
(b)the person and each person who is an authorised person in relation to that person in making the transmission complies with the requirements referred to in subsections (2) and (3) of section 917H.
(4)A person seeking to be approved under this section shall be given notice by the Revenue Commissioners of the grant or refusal by them of the approval and, in the case of a refusal, of the reason for the refusal.
(5)An approval under this section may be withdrawn by the Revenue Commissioners by notice in writing or by such other means as the Revenue Commissioners may decide with effect from such date as may be specified in the notice.
(6)
(a)A notice withdrawing an approval under the section shall state the grounds for the withdrawal.
(b)No approval under this section may be withdrawn unless an approved person or an authorised person has failed to comply with one or more of the requirements referred to in section 917H(2).
(7)A person aggrieved by a decision to refuse a grant of an approval (to that person) or to withdraw the grant of an approval (to that person), as the case may be, may appeal the decision to the Appeal Commissioners, in accordance with section 949I, within the period of 30 days after the date of the notice of that decision.
(8)[deleted]
(9)[deleted]
917H.
Approved transmissions.
(1)Where an approved person transmits electronically information which is required to be included in a return to which this Chapter applies the transmission shall not be an approved transmission unless it complies with the requirements of this section.
(2)The Revenue Commissioners shall publish and make known to each approved person and each authorised person any requirement for the time being determined by them as being applicable to –
(a)the manner in which information which is required to be included in a return to which this Chapter applies is to be transmitted electronically, and
(b)the use of a person’s electronic identifier.
(3)The requirements referred to in subsection (2) include –
(a)requirements as to the software or type of software to be used to make a transmission,
(b)the terms and conditions under which a person may make a transmission, and
(c)the terms and conditions under which a person may use that person’s electronic identifier.
(4)For the purposes of subsection (3), the Revenue Commissioners may determine different terms and conditions in relation to different returns or categories of a return, different categories of persons and different returns or categories of a return made by different categories of persons.
917I. Digital signatures.
Deleted from 15 February 2001
(1)In this section –
‘asymmetric cryptosystem’ means an algorithm or series of algorithms which provide a secure key pair;
‘digital signature’ means the transformation of a message by an approved person or an authorised person using an approved asymmetric cryptosystem such that the Revenue Commissioners having possession of the message and the public key in respect of that approved person can accurately determine –
(a)whether the transformation was created using the private key which corresponds to that public key, and
(b)whether the message has been altered since the transformation was made;
‘key pair’ means a private key and its corresponding public key in an asymmetric cryptosystem such that the public key verifies a digital signature that the private key creates;
‘private key’ means the key of a key pair used by an approved person to create a digital signature;
‘public key’ means the key of a key pair used by the Revenue Commissioners to verify a digital signature;
‘message’ means the information referred to in section 917F(1).
(2)This section shall apply solely for the purposes of affixing an electronic signature to an electronic transmission of information which is required to be included in a return to which this Chapter applies and for no other purpose.
(3)The Revenue Commissioners, or a person or persons appointed in that behalf by the Revenue Commissioners, (in this section referred to as the ‘certification authority’) shall assign to each approved person a unique key pair.
(4)The certification authority shall ensure that it uses an accurate and reliable system to create a key pair.
(5)The certification authority shall ensure that an approved person is issued with the private key component of that person’s key pair in a secure manner and subject to such conditions as it considers necessary to ensure that the key is not misused.
(6)A private key shall be used by an approved person or an authorised person solely for the purposes of affixing the digital signature referred to in section 917F(1)(c).
917J.
Acknowledgement of electronic transmissions.
For the purposes of this Chapter, where an electronic transmission of information which is required to be included in a return to which this Chapter applies is received by the Revenue Commissioners, the Revenue Commissioners shall send an electronic acknowledgement of receipt of that transmission to the person from whom it was received.
917K.
Hard copies.
(1)A hard copy shall be made in accordance with this subsection only if –
(a)the hard copy is made under processes and procedures which are designed to ensure that the information contained in the hard copy shall only be the information transmitted or to be transmitted in accordance with section 917F(1), and
(b)the hard copy is authenticated in accordance with subsection (2).
(2)For the purposes of this Chapter, a hard copy made in accordance with subsection (1) shall be authenticated only if the hard copy is signed by the person who would have been required to make the declaration, sign the return or furnish the certificate, as the case may be, but for paragraph (a), (b) or (d) of section 917F(3).
917L.
Exercise of powers.
(1)This section shall apply where the obligation of any person to make a return to which this Chapter applies is treated as fulfilled in accordance with section 917F(1).
(2)Where this section applies the Revenue Commissioners and a revenue officer shall have all the powers and duties in relation to the information contained in the transmission as they or that officer would have had if the information had been contained in a return made by post.
(3)Where this section applies the person whose obligation to make a return to which this Chapter applies is treated as fulfilled in accordance with section 917F(1) shall have all the rights and duties in relation to the information contained in the transmission as the person would have had if that information had been contained in a return made by post.
917M.
Proceedings.
(1)This section shall apply where the obligation of any person to make a return to which this Chapter applies is treated as fulfilled in accordance with section 917F(1).
(2)In this section, ‘proceedings’ means civil and criminal proceedings, and includes proceedings before the Appeal Commissioners or any other tribunal having jurisdiction by virtue of any provision of the Acts.
(3)Where this section applies a hard copy certified by a revenue officer to be a true copy of the information transmitted electronically in accordance with section 917F(1) shall be treated for the purposes of the Acts as if the hard copy –
(a)were a return or, as the case may be, a claim made by post, and
(b)contained any declaration, certificate or signature required by the Acts on such a return or, as the case may be, such a claim.
(4)For the purposes of any proceedings under the Acts, unless a Judge or any other person before whom proceedings are taken determines at the time of the proceedings that it is unjust in the circumstances to apply this provision, any rule of law restricting the admissibility or use of hearsay evidence shall not apply to a representation contained in a document recording information which has been transmitted in accordance with section 917F(1) in so far as the representation is a representation as to –
(a)the information so transmitted,
(b)the date on which, or the time at which, the information was so transmitted, or
(c)the identity of the person by whom or on whose behalf the information was so transmitted.
917N.
Miscellaneous.
The Revenue Commissioners may nominate any of their officers to perform any acts and discharge any functions authorised by this Chapter to be performed or discharged by the Revenue Commissioners.
Chapter 2
Capital gains tax (ss. 1028-1031)
1028.
Married persons.
(1)Subject to this section, the amount of capital gains tax on chargeable gains accruing to a married woman in a year of assessment or part of a year of assessment during which she is a married woman living with her husband shall be assessed and charged on the husband and not otherwise; but this subsection shall not affect the amount of capital gains tax chargeable on the husband apart from this subsection or result in the additional amount of capital gains tax charged on the husband by virtue of this subsection being different from the amount which would otherwise have remained chargeable on the married woman.
(2)
(a)Subject to paragraph (b), subsection (1) shall not apply in relation to a husband and wife in any year of assessment where, before the 1 April in the year following that year of assessment, an application is made by either the husband or wife that subsection (1) shall not apply, and such an application duly made shall have effect not only as respects the year of assessment for which it is made but also for any subsequent year of assessment.
(b)Where the applicant gives, for any subsequent year of assessment, a notice withdrawing an application under paragraph (a), that application shall not have effect with respect to the year for which the notice is given or any subsequent year; but such notice of withdrawal shall not be valid unless it is given before 1 April in the year following the year of assessment for which the notice is given.
(3)In the case of a woman who during a year of assessment or part of a year of assessment is a married woman living with her husband, any allowable loss which under section 31 would be deductible from the chargeable gains accruing in that year of assessment to the one spouse but for an insufficiency of chargeable gains shall for the purposes of that section be deductible from chargeable gains accruing in that year of assessment to the other spouse; but this subsection shall not apply in relation to losses accruing in a year of assessment to either spouse where an application that this subsection shall not apply is made by the husband or the wife before 1 April in the year following that year of assessment.
(4)[deleted]
(5)Where in any year of assessment in which or in part of which the married woman is a married woman living with her husband, the husband disposes of an asset to the wife, or the wife disposes of an asset to the husband, both shall be treated as if the asset was acquired from the spouse making the disposal for a consideration of such amount as would secure that on the disposal neither a gain nor a loss would accrue to the spouse making the disposal; but this subsection shall not apply if until the disposal the asset formed part of trading stock of a trade carried on by the spouse making the disposal, or if the asset is acquired as trading stock for the purposes of a trade carried on by the spouse acquiring the asset.
(6)Subsection (5) shall apply notwithstanding section 596 or any other provision of the Capital Gains Tax Acts fixing the amount of the consideration deemed to be given on a disposal or acquisition.
(6A)Subsection (5) shall not apply where the spouse who acquired the asset could not be taxed in the State for the year of assessment in which the acquisition took place, in respect of a gain on a subsequent disposal in that year by that spouse of the asset, if that spouse had made such a disposal and a gain accrued on the disposal.
(7)Where subsection (5) is applied in relation to a disposal of an asset by a husband to his wife, or by his wife to him, then, in relation to a subsequent disposal of the asset (not within that subsection), the spouse making the disposal shall be treated for the purposes of the Capital Gains Tax Acts as if the other spouse’s acquisition or provision of the asset had been his or her acquisition or provision of the asset.
(8)An application or notice of withdrawal under this section shall be in such form and made in such manner as may be prescribed.
1029. Application of section 1022 for purposes of capital gains tax.
Section 1022 shall apply with any necessary modifications in relation to capital gains tax as it applies in relation to income tax.
1030.
Separated spouses: transfers of assets.
(1)In this section, “spouse” shall be construed in accordance with section 2(2)(c) of the Family Law Act, 1995.
(2)Notwithstanding any other provision of the Capital Gains Tax Acts, where by virtue or in consequence of –
(a)an order made under Part II of the Family Law Act, 1995, on or following the granting of a decree of judicial separation within the meaning of that Act,
(b)an order made under Part II of the Judicial Separation and Family Law Reform Act, 1989, on or following the granting of a decree of judicial separation where such order is treated, by virtue of section 3 of the Family Law Act, 1995, as if made under the corresponding provision of the Family Law Act, 1995,
(c)a deed of separation,
(d)a relief order (within the meaning of the Family Law Act, 1995) made following the dissolution of a marriage or following the legal separation of spouses, or
(e)an order or other determination to like effect, which is analogous to an order referred to in paragraph (d), of a court under the law of a territory other than the State made under or in consequence of the dissolution of a marriage or the legal separation of spouses, being a dissolution or legal separation that is entitled to be recognised as valid in the State,
either of the spouses concerned disposes of an asset to the other spouse, then, subject to subsection (3), both spouses shall be treated for the purposes of the Capital Gains Tax Acts as if the asset was acquired from the spouse making the disposal for a consideration of such amount as would secure that on the disposal neither a gain nor a loss would accrue to the spouse making the disposal.
(2A)Subsection (2) shall not apply where the spouse who acquired the asset could not be taxed in the State for the year of assessment in which the acquisition took place, in respect of a gain on a subsequent disposal in that year by that spouse of the asset, if that spouse had made such a disposal and a gain accrued on the disposal.
(3)Subsection (2) shall not apply if until the disposal the asset formed part of the trading stock of a trade carried on by the spouse making the disposal or if the asset is acquired as trading stock for the purposes of a trade carried on by the spouse acquiring the asset.
(4)Where subsection (2) applies in relation to a disposal of an asset by a spouse to the other spouse, then, in relation to a subsequent disposal of the asset (not being a disposal to which subsection (2) applies), the spouse making the disposal shall be treated for the purposes of the Capital Gains Tax Acts as if the other spouse’s acquisition or provision of the asset had been his or her acquisition or provision of the asset.
1031.
Divorced persons: transfers of assets.
(1)In this section, “spouse” shall be construed in accordance with section 2(2)(c) of the Family Law (Divorce) Act, 1996.
(2)Notwithstanding any other provision of the Capital Gains Tax Acts, where by virtue or in consequence of an order made under Part III of the Family Law (Divorce) Act, 1996, on or following the granting of a decree of divorce, either of the spouses concerned disposes of an asset to the other spouse, then, subject to subsection (3), both spouses shall be treated for the purpose of the Capital Gains Tax Acts as if the asset was acquired from the spouse making the disposal for a consideration of such amount as would secure that on the disposal neither a gain nor a loss would accrue to the spouse making the disposal.
(2A)Subsection (2) shall not apply where the spouse who acquired the asset could not be taxed in the State for the year of assessment in which the acquisition took place, in respect of a gain on a subsequent disposal in that year by that spouse of the asset, if that spouse had made such a disposal and a gain accrued on the disposal.
(3)Subsection (2) shall not apply if until the disposal the asset formed part of the trading stock of a trade carried on by the spouse making the disposal or if the asset is acquired as trading stock for the purposes of a trade carried on by the spouse acquiring the asset.
(4)Where subsection (2) applies in relation to a disposal of an asset by a spouse to the other spouse, then, in relation to a subsequent disposal of the asset (not being a disposal to which subsection (2) applies), the spouse making the disposal shall be treated for the purposes of the Capital Gains Tax Acts as if the other spouse’s acquisition or provision of the asset had been his or her acquisition or provision of the asset.
Chapter 2
Capital Gains Tax (ss. 1031L-1031O)
1031L.
Interpretation (Chapter 2).
(1)In this Chapter –
“inspector”, in relation to a notice, means any inspector who might reasonably be considered by the individual giving notice to be likely to be concerned with the subject matter of the notice or who declares himself or herself ready to accept the notice;
“nominated civil partner”, in relation to a civil partnership, means the civil partner who is nominated for the purposes of this Chapter in accordance with section 1031M;
“other civil partner”, in relation to a civil partnership, means the civil partner who is not the nominated civil partner.
(2)In the Capital Gains Tax Acts, a reference to an individual who has been duly nominated to be the nominated civil partner in accordance with section 1031M includes a reference to an individual who is deemed to be the nominated civil partner in accordance with that section.
(3)Any notice required to be served under any section in this Chapter may be served by post.
1031M.
Civil partners.
(1)
(a)An individual and his or her civil partner who are living together, may, for a year of assessment, by notice in writing given to the inspector on or before 1 April in the year following that year of assessment, jointly nominate which of them is to be the nominated civil partner for the purposes of this Chapter.
(b)If the notice under paragraph (a) is not given on or before the date mentioned in that paragraph, the Revenue Commissioners shall deem one of the civil partners to be the nominated civil partner.
(2)Subject to this section, the amount of capital gains tax on chargeable gains accruing to civil partners in a year of assessment or part of a year of assessment during which they are living together shall be assessed and charged on the civil partner who is the nominated civil partner and not otherwise; but this subsection shall not affect the amount of capital gains tax chargeable on the nominated civil partner apart from this subsection or result in the additional amount of capital gains tax charged on the nominated civil partner by virtue of this subsection being different from the amount which would otherwise have remained chargeable on the other civil partner.
(3)
(a)Subject to paragraph (b), subsection (2) shall not apply in relation to a civil partner in any year of assessment where, on or before 1 April in the year following that year of assessment, an application is made by either civil partner that subsection (2) shall not apply, and such an application duly made shall have effect not only as respects the year of assessment for which it is made but also for any subsequent year of assessment.
(b)Where the applicant gives, for any subsequent year of assessment, a notice withdrawing an application under paragraph (a), that application shall not have effect with respect to the year for which the notice is given or any subsequent year; but such notice of withdrawal shall not be valid unless it is given before 1 April in the year following the year of assessment for which the notice is given.
(4)In the case of a civil partner who during a year of assessment or part of a year of assessment is a civil partner living with his or her civil partner, any allowable loss which under section 31 would be deductible from the chargeable gains accruing in that year of assessment to one civil partner but for an insufficiency of chargeable gains shall for the purposes of that section be deductible from chargeable gains accruing in that year of assessment to the other civil partner; but this subsection shall not apply in relation to losses accruing in a year of assessment to either civil partner where an application that this subsection shall not apply is made by either of them before 1 April in the year following that year of assessment.
(5)Where, in any year of assessment in which or in part of which a civil partner is living with his or her civil partner, either civil partner disposes of an asset to his or her civil partner, both civil partners shall be treated as if the asset was acquired from the civil partner making the disposal for a consideration of such amount as would secure that on the disposal neither a gain nor a loss would accrue to the civil partner making the disposal; but this subsection shall not apply if until the disposal the asset formed part of trading stock of a trade carried on by the civil partner making the disposal, or if the asset is acquired as trading stock for the purposes of a trade carried on by the civil partner acquiring the asset.
(6)Subsection (5) shall apply notwithstanding section 596 or any other provision of the Capital Gains Tax Acts fixing the amount of the consideration deemed to be given on a disposal or acquisition.
(7)Subsection (5) shall not apply where the civil partner who acquired the asset could not be taxed in the State for the year of assessment in which the acquisition took place, in respect of a gain on a subsequent disposal in that year by that civil partner of the asset, if that civil partner had made such a disposal and a gain accrued on the disposal.
(8)Where subsection (5) is applied in relation to a disposal of an asset by a civil partner to his or her civil partner, then, in relation to a subsequent disposal of the asset (not within that subsection), the civil partner making the disposal shall be treated for the purposes of the Capital Gains Tax Acts as if the acquisition or provision of the asset by his or her civil partner had been his or her own acquisition or provision of the asset.
(9)An application or notice of withdrawal under this section shall be in such form and made in such manner as may be prescribed by the Revenue Commissioners.
1031N.
Application of section 1031G for purposes of capital gains tax.
Section 1031G shall apply with any necessary modifications in relation to capital gains tax as it applies in relation to income tax.
1031O.
Transfers of assets where civil partnership dissolved.
(1)Notwithstanding any other provision of the Capital Gains Tax Acts, where by virtue or in consequence of –
(a)an order made under Part 12 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, on or following the granting of a decree of dissolution or a dissolution deemed under section 5(4) of that Act to be a dissolution under section 110 of that Act, or
(b)a deed of separation, agreement, arrangement or any other act giving rise to a legally enforceable obligation and made or done in consideration or in consequence of living separately in the circumstances referred to in section 1031A(2),
either of the civil partners concerned disposes of an asset to the other civil partner, then, subject to subsection (3), both civil partners shall be treated for the purposes of the Capital Gains Tax Acts as if the asset was acquired from the civil partner making the disposal for a consideration of such amount as would secure that on the disposal neither a gain nor a loss would accrue to the civil partner making the disposal.
(2)Subsection (1) shall not apply where the civil partner who acquired the asset could not be taxed in the State for the year of assessment in which the acquisition took place, in respect of a gain on a subsequent disposal in that year by that civil partner of the asset, if that civil partner had made such a disposal and a gain accrued on the disposal.
(3)Subsection (1) shall not apply if until the disposal the asset formed part of the trading stock of a trade carried on by the civil partner making the disposal or if the asset is acquired as trading stock for the purposes of a trade carried on by the civil partner acquiring the asset.
(4)Where subsection (1) applies in relation to a disposal of an asset by a civil partner to his or her civil partner, then, in relation to a subsequent disposal of the asset (not being a disposal to which subsection (1) applies), the civil partner making the disposal shall be treated for the purposes of the Capital Gains Tax Acts as if the acquisition or provision of the asset by his or her civil partner had been his or her own acquisition or provision of the asset.
Chapter 2
Capital Gains Tax (s. 1031R)
1031R.
Transfers of assets where relationship between cohabitants ends.
(1)Notwithstanding any other provision of the Capital Gains Tax Acts, where by virtue or in consequence of an order made under section 174 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, on or following the ending of a relationship between cohabitants, either of the cohabitants concerned disposes of an asset to the other cohabitant, then, subject to subsections (2) and (3), both cohabitants shall be treated for the purposes of the Capital Gains Tax Acts as if the asset was acquired from the cohabitant making the disposal for a consideration of such amount as would secure that on the disposal neither a gain nor a loss would accrue to the cohabitant making the disposal.
(2)Subsection (1) shall not apply where the cohabitant who acquired the asset could not be taxed in the State for the year of assessment in which the acquisition took place, in respect of a gain on a subsequent disposal in that year by that cohabitant of the asset, if that cohabitant had made such a disposal and a gain accrued on the disposal.
(3)Subsection (1) shall not apply if until the disposal the asset formed part of the trading stock of a trade carried on by the cohabitant making the disposal or if the asset is acquired as trading stock for the purposes of a trade carried on by the cohabitant acquiring the asset.
(4)Where subsection (1) applies in relation to a disposal of an asset by a cohabitant to the other cohabitant, then, in relation to a subsequent disposal of the asset (not being a disposal to which subsection (1) applies), the cohabitant making the disposal shall be treated for the purposes of the Capital Gains Tax Acts as if the other cohabitant’s acquisition or provision of the asset had been the acquisition or provision of the asset by the cohabitant who made the disposal.