Link Report

1. In this Schedule, “control” shall be construed in accordance with section 432.

(i) both companies are under the control (within the meaning of section 432) of the same person or persons, or

(c) in a case where the shares are within paragraph 9(c) and are not within paragraph 9(a), companies which have control of the company whose shares are in question or of which that company is an associated company within the meaning of section 432.

(2) For the purposes of this Schedule, the question whether one company is controlled by another shall be construed in accordance with section 432.

“control” shall be construed in accordance with section 432.

“associated company” has the same meaning as in section 432, except that, for the purposes of paragraph 24, subsection (1) of that section shall have effect with the omission of the words “or at any time within one year previously”;

“control” has the same meaning as in section 432;

(4) For the purposes of this Schedule, the question whether one company is controlled by another shall be determined in accordance with section 432.

(c) in a case where the shares fall within paragraph 12(c) and do not fall within paragraph 12(a), companies which have control of the company whose shares are in question or of which that company is an associated company within the meaning of section 432.

“associated company” has the same meaning as in section 432;

“control” has the same meaning as in section 432;

(b) the question of whether one company is controlled by another shall be determined in accordance with section 432.

“control” shall be construed in accordance with section 432;

(b) the shares are shares in the company in which the director or employee holds his or her office or employment or in a company which has control (within the meaning of section 432) of that company, and

(III) accept an offer of cash, with or without other assets, for the shares if the offer forms part of a general offer made to holders of shares of the same class as the shares acquired by the director or employee or of shares in the same company and made in the first instance on a condition such that if it is satisfied the person making the offer will have control (within the meaning of section 432) of that company,

“control” shall be construed in accordance with section 432;

(c) For the purposes of subsection (5) “control” shall be construed in accordance with subsections (2) to (6) of section 432 as if in subsection (6) of that section for “5 or fewer participators” there were substituted “persons resident in the State”.

(1A) For the purposes of paragraph (b)(i) of the definition of “qualifying non-resident person”, “control” shall be construed in accordance with subsections (2) to (6) of section 432 as if in subsection (6) of that section for “5 or fewer participators” there were substituted “persons resident in the State”.

(2) For the purposes of paragraph (b)(i) of the definition of “non-resident person” paragraph (b)(ii) of the definition of “qualifying non-resident person” in subsection (1), “control” shall be construed in accordance with subsections (2) to (6) of section 432 as if in subsection (6) of that section for “5 or fewer participators” there were substituted—

(3A) For the purposes of subsection (3)(b)(i), “control” shall be construed in accordance with subsections (2) to (6) of section 432 as if in subsection (6) of that section for “5 or fewer participators” there were substituted “persons resident in the State”.

(4) For the purposes of subsection (3)(b)(i) subsection (3)(b)(ii), “control” shall be construed in accordance with subsections (2) to (6) of section 432 as if in subsection (6) of that section for “5 or fewer participators” there were substituted—

“control” shall be construed in accordance with section 432;

(b) if it cannot be treated as a close company except by virtue of paragraph (c) of section 432(2) and would not be a close company if the reference in that paragraph to participators did not include loan creditors who are companies other than close companies.

(c) in determining the voting power which a person possesses, there shall be attributed to such person any voting power which for the purposes of section 432 would be attributed to such person under subsection (5) or (6) of that section.

(b) References in this subsection to shares held by any person include references to any shares the rights or powers attached to which could for the purposes of section 432 be attributed to that person under subsection (5) of that section.

“control” shall be construed in accordance with subsections (2) to (6) of section 432, with the substitution in subsection (6) of that section for “5 or fewer participators” of “persons resident in a relevant territory”;

“associated company”, in relation to a relevant employer, means a company which is that employer’s associated company within the meaning of section 432;

“control” has the same meaning as in section 432;

“associated company” shall be construed in accordance with section 432;

‘“control’” shall be construed in accordance with subsections (2) to (6) of section 432;

“control” shall be construed in accordance with section 432;

(4) For the purposes of subsection (2)(b)(i), the question whether one company is controlled by another shall be construed in accordance with section 432.

(iv) in the case of a certificate issued to a company, there has been a change in control (within the meaning of section 432) of the company,

(vi) being a company to which a certificate of authorisation has been issued under subsection (11), fails to notify the Revenue Commissioners of a change in control (within the meaning of section 432) of the company,

(iii) whether a company is controlled by a person or persons shall be construed in accordance with section 432 without regard to subsection (6) of that section,

(iv) whether a company is associated with another company shall be construed in accordance with section 432 without regard to subsection (6) of that section, and

"control" shall be construed in accordance with section 432;

“control” shall be construed in accordance with subsections (2) to (6) of section 432;

“control”, in relation to a company, shall be construed in accordance with section 432;

“control” shall be construed in accordance with section 432;

(7) For the purposes of subsection (6)(a), a company shall be associated with another company if one company has control (within the meaning of section 432) of the other company or both companies are under the control (within the meaning of that section) of the same person or persons.

“control” shall be construed in accordance with section 432;

(b) another company within the charge to tax under Case I or II of Schedule D, being a company which is an associated company (within the meaning of section 432) of the company referred to in paragraph (a), prepares accounts in accordance with Irish generally accepted accounting practice,

(iii) notwithstanding paragraph (c), not to have been significantly reduced where the gain realised, or the proceeds in either or both money or money’s worth received, by the shareholder on that disposal is or are wholly or mainly attributable to payments or other transfers of value from another company or companies, which is or are controlled (within the meaning of section 432) by that shareholder or by that shareholder and persons connected with him or her, to the close company, and

(i) “control” shall be construed in accordance with subsections (2) to (6) of section 432 as if in subsection (6) of that section for “5 or fewer participators” there were substituted “persons resident in the State”, and

“associated company”, in relation to a relevant employer, means a company which is that employer’s associated company within the meaning of section 432 and which is incorporated or resident in a country or jurisdiction which is not a party to the EEA agreement, but with the government of which arrangements are for the time being in force by virtue of section 826(1);

“associated company”, in relation to a relevant employer, means a company which is the relevant employer’s associated company within the meaning of section 432;

(b) For the purposes of this section, control shall be construed in accordance with section 432.

“associated company”, in relation to a paying agent, means a company which is itself a paying agent and which is the paying agent’s associated company within the meaning of section 432;

“associated company”, in relation to a relevant deposit taker, means a company which is itself a relevant deposit taker and which is the relevant deposit taker’s associated company within the meaning of section 432;

(a) is controlled by the financial institution (within the meaning of section 432), and

(b) a company which has control (within the meaning of section 432) of that company.

“control” has the same meaning as in section 432;