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Taxes Consolidation Act, 1997 (Number 39 of 1997)

608 Superannuation funds.

[CGTA75 s21; FA88 s30(1) and (2)(b); FA91 s38]

(1)(a) In this subsection, “financial futures” and “traded options” mean respectively financial futures and traded options for the time being dealt in or quoted on any futures exchange or any stock exchange, whether or not that exchange is situated in the State.

(b) For the purposes of subsection (2), a contract entered into in the course of dealing in financial futures or traded options shall be regarded as an investment.

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(2) A gain shall not be a chargeable gain if accruing to a person from the person’s disposal of investments held by that person as part of a fund approved under section 774, 784(4) or 785(5).

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(2) A gain shall not be a chargeable gain if accruing to a person from the person’s disposal of assets held by that person as part of a fund approved under section 774, 784(4) or 785(5) or held by that person as [3]>PRSA assets (within the meaning of section 787A).<[3][3]>PRSA assets (within the meaning of section 787A) or PEPP assets (within the meaning of Chapter 2D of Part 30).<[3]

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(2A) A gain shall not be a chargeable gain if accruing to a person who is exempt from income tax under section 790B.

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(3) Where part only of a fund is approved under a section referred to in subsection (2), the gain shall be exempt from being a chargeable gain to the same extent only as income derived from the assets would be exempt under that section.

(4) For the purposes of this section, the fund set up under section 6A of the Oireachtas (Allowances to Members) Act, 1938 (inserted by the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act, 1960), shall be deemed to be a fund approved under section 774.

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Substituted by FA03 s14(1)(a). Has effect as on and from the passing of this Act. FA03 28 March 2003

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Inserted by FA05 s58.

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Substituted by FA22 s21(7). Comes into operation on 1 January 2023.