Taxes Consolidation Act, 1997 (Number 39 of 1997)
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205A Magdalen Laundry Payments
(1) In this section—
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“relevant individual” means an individual to whom a relevant payment has been made;
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“relevant individual” means an individual who has received a payment referred to in paragraph (a) of the definition of ‘relevant payment’ in this subsection;
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“relevant payment” means a payment or payments made, directly or indirectly, to a relevant individual by or on behalf of the Minister for Justice, Equality and Defence, in accordance with the Table of Payments set out in Appendix A to the Magdalen Commission Report dated May 2013 on the establishment of an ex gratia scheme and related matters for the benefit of those women who were admitted to and worked in the Magdalen Laundries.
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“relevant payment” means—
(a) a payment or payments made, directly or indirectly, to a relevant individual by or on behalf of the Minister for Justice and Equality pursuant to the Magdalen Restorative Justice Ex-Gratia Scheme (that is to say the Scheme administered, under that title, by the Minister for Justice and Equality in furtherance of decisions of the Government of 5 November 2013 and 28 May 2018, respectively),
(b) an amount equal to the State Pension (Contributory) as set out in column 2 of Part 1 of Schedule 2 to the Social Welfare Consolidation Act 2005 paid to a relevant individual,
(c) an amount equal to the State Pension (Non-Contributory) as set out in Part 3 of the Social Welfare Consolidation Act 2005 paid to a relevant individual, and
(d) any payment, other than a payment referred to in paragraphs (a) to (c), made, directly or indirectly, by or on behalf of the Minister for Employment Affairs and Social Protection to a relevant individual, by virtue of that individual being a relevant individual.
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(2) This section applies to the following payments:
(a) a relevant payment;
(b) an amount equal to the State Pension (Contributory) as set out in column 2 of Part 1 of Schedule 2 of the Social Welfare Consolidation Act 2005 to a relevant individual;
(c) an amount equal to the State Pension (Non-Contributory) as set out in Part 3 of the Social Welfare Consolidation Act 2005 to a relevant individual;
(d) any payment, other than a payment referred to in paragraphs (a) to (c), made, directly or indirectly, by or on behalf of the Minister for Social Protection to a relevant individual, by virtue of that individual being a relevant individual.
(3) For the purposes of the Income Tax Acts, and notwithstanding any provision of those Acts to the contrary, a payment to which this section applies, made to a relevant individual, shall be disregarded.
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(2) Income that—
(a) consists of a relevant payment, or
(b) arises to a person to or in respect of whom a relevant payment is made, from the investment in whole or in part of such a payment or of the income derived from such a payment, being income consisting of dividends or other income which but for this section would be chargeable to tax under Schedule C or under Case III, IV (by virtue of section 59, 745 or 747E) or V of Schedule D or under Schedule F,
shall be exempt from income tax and shall not be reckoned in computing total income for the purposes of the Income Tax Acts.
(3) Gains that accrue to a person, to or in respect of whom a relevant payment is made, from the disposal of—
(a) assets acquired with such a payment,
(b) assets acquired with income exempted from income tax under subsection (2), or
(c) assets acquired directly or indirectly with the proceeds from the disposal of assets referred to in paragraph (a) or (b),
shall not be chargeable gains for the purposes of the Capital Gains Tax Acts.
(4) For the purposes of computing whether by virtue of this section a gain is, in whole or in part, a chargeable gain, or whether income is, in whole or in part, exempt from income tax, all such apportionments shall be made as are, in the circumstances, just and reasonable.
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Inserted by F(No.2)A13 s77(1)(a). Applies to payments to which section 205A applies made on or after 1 August 2013.
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Substituted by FA18 s16(1)(b). Applies for the years of assessment 2013 and 2014, section 865(4) TCA1997 shall apply as if the reference in that subsection to the making of a claim within 4 years after the end of the chargeable period to which the claim relates were a reference to the making of a claim within 4 years after the end of the chargeable period ending on 31 December 2015.