Select view:

Taxes Consolidation Act, 1997 (Number 39 of 1997)

PART 15

Personal Allowances and Reliefs and Certain Other Income Tax and Corporation Tax Reliefs

Chapter 1

Personal allowances and reliefs

458 Deductions allowed in ascertaining taxable income and provisions relating to reductions in tax.

[ITA67 s137; FA96 s132(1) and Sch5 par1(3); FA97 s8(8), s57(4) and s146(1) and Sch9 PtI par1(8)]

(1) An individual who, in the manner prescribed by the Income Tax Acts, makes a claim in that behalf and[41]>, subject to subsection (1B),<[41] makes a return in the prescribed form of the individual’s total income shall be entitled—

(a) for the purpose of ascertaining the amount of the income on which he or she is to be charged to income tax (in the Income Tax Acts referred to as “the taxable income”) to have such deductions as are specified in the provisions referred to in Part 1 of the Table to this section, but subject to those provisions, made from the individual’s total income, and

[37]>

(b) to have such reductions as are specified in the provisions referred to in Part 2 of that Table, but subject to those provisions, made in the income tax to be charged on the individual.

<[37]

[37]>

(b) to have the income tax to be charged on the individual reduced by such tax credits and other reductions as are specified in the provisions referred to in Part 2 of that Table, but subject to subsection (1A) and those provisions.

<[37]

[38]>

(1A) Where an individual is entitled to a tax credit specified in a provision referred to in Part 2 of the Table to this section, the income tax to be charged on the individual for the year of assessment, other than in accordance with section 16(2), shall be reduced by the lesser of—

(a) the amount of the tax credit, or

(b) the amount which reduces that income tax to nil.

<[38]

[42]>

(1B) The requirement in subsection (1) to make a return in the prescribed form of the individual’s total income shall not apply, except where the Revenue Commissioners otherwise direct, where the claim falls to be taken into account—

(a) in the making of deductions or repayments of tax under Chapter 4 of Part 42 and the regulations made under that Chapter, or

(b) except in the case of a chargeable person (within the meaning of [47]>section 950<[47][47]>Part 41A<[47]), in relation to a repayment of tax deducted under that Chapter and those regulations.

<[42]

(2) Subsections (3) and (4) of section 459 and paragraph 8 of Schedule 28 shall apply for the purposes of claims for—

(a) any such deductions from total income as are specified in the provisions referred to in Part 1 of the Table to this section, and

[39]>

(b) any such reductions in tax as are specified in the provisions referred to in Part 2 of the Table to this section.

<[39]

[39]>

(b) any such tax credits or reductions in tax as are specified in the provisions referred to in Part 2 of the Table to this section.

<[39]

TABLE

Part 1

[40]>

[11]>

<[11]

[12]>

<[12]

[31]>

<[31]

<[40]

[40]>

<[40]

[49]>

<[49]

[4]>

<[4]

[13]>

[4]>

<[4]

<[13]

[6]>

<[6]

[26]>

[6]>

<[6]

<[26]

[27]>

<[27]

[15]>

<[15]

[29]>

<[29]

[17]>

<[17]

[19]>

<[19]

[8]>

<[8]

[2]>

<[2]

[1]>

<[1]

[22]>

<[22]

[36]>

[5]>

<[5]

<[36]

[36]>

<[36]

[14]>

<[14]

[7]>

<[7]

[28]>

<[28]

[16]>

<[16]

[30]>

<[30]

[18]>

<[18]

[21]>

<[21]

[20]>

<[20]

[43]>

<[43]

[9]>

<[9]

[52]>

<[52]

[52]>

<[52]

[55]>

<[55]

[32]>

<[32]

[33]>

<[33]

[23]>

<[23]

[23]>

<[23]

[34]>

[10]>

<[10]

[24]>

<[24]

<[34]

[34]>

<[34]

[35]>

[3]>

<[3]

<[35]

[45]>

[35]>

<[35]

<[45]

[1]

[+]

Inserted by FA98 s14(1)(a).

[2]

[+]

Inserted by FA98 s16(b)(i).

[3]

[+]

Inserted by FA98 s17(a).

[4]

[-] [+]

Substituted by FA99 s4(b)(i). Applies as respects the year of assessment 1999-2000 and subsequent years of assessment.

[5]

[+]

Inserted by FA99 s4(b)(ii). Applies as respects the year of assessment 1999-2000 and subsequent years of assessment.

[6]

[-] [+]

Substituted by FA99 s5(b)(i). Applies as respects the year of assessment 1999-2000 and subsequent years of assessment.

[7]

[+]

Inserted by FA99 s5(b)(ii). Applies as respects the year of assessment 1999-2000 and subsequent years of assessment.

[8]

[-]

Substituted by FA99 s4(b)(i). Applies as respects the year of assessment 1999-2000 and subsequent years of assessment.

[9]

[+]

Substituted by FA99 s4(b)(i). Applies as respects the year of assessment 1999-2000 and subsequent years of assessment.

[10]

[+]

Inserted by FA99 s26(a).

[11]

[+]

Substituted by FA99 s5(b)(i). Applies as respects the year of assessment 1999-2000 and subsequent years of assessment.

[12]

[+]

Inserted by FA99 s70(2)(a).

[13]

[-]

Deleted by FA00 s5(b)(i). Applies as respects the year of assessment 2000-2001 and subsequent years of assessment.

[14]

[+]

Inserted by FA00 s5(b)(ii). Applies as respects the year of assessment 2000-2001 and subsequent years of assessment.

[15]

[-]

Deleted by FA00 s8(b)(i). Applies as respects the year of assessment 2000-2001 and subsequent years of assessment.

[16]

[+]

Inserted by FA00 s8(b)(ii). Applies as respects the year of assessment 2000-2001 and subsequent years of assessment.

[17]

[-]

Deleted by FA00 s10(b)(i). Applies as respects the year of assessment 2000-2001 and subsequent years of assessment.

[18]

[+]

Inserted by FA00 s10(b)(ii). Applies as respects the year of assessment 2000-2001 and subsequent years of assessment.

[19]

[-]

Deleted by FA00 s11(b)(i). Applies as respects the year of assessment 2000-2001 and subsequent years of assessment.

[20]

[+]

Inserted by FA00 s11(b)(ii). Applies as respects the year of assessment 2000-2001 and subsequent years of assessment.

[21]

[+]

Inserted by FA00 s12(b). Applies as respects the year of assessment 2000-2001 and subsequent years of assessment.

[22]

[-]

Deleted by FA00 s13(e)(i). Applies as respects the year of assessment 2000-2001 and subsequent years of assessment.

[23]

[-] [+]

Substituted by FA00 s13(e)(ii). Applies as respects the year of assessment 2000-2001 and subsequent years of assessment.

[24]

[+]

Inserted by FA00 s21(1)(f). Applies as respects the year of assessment 2000-2001 and subsequent years of assessment.

[26]

[-]

Deleted by FA00 s6(c). Applies as respects the year of assessment 2000-2001 and subsequent years of assessment.

[27]

[-]

Deleted by FA00 s7(b)(i). Applies as respects the year of assessment 2000-2001 and subsequent years of assessment.

[28]

[+]

Inserted by FA00 s7(b)(ii). Applies as respects the year of assessment 2000-2001 and subsequent years of assessment.

[29]

[-]

Deleted by FA00 s5(b)(i). Applies as respects the year of assessment 2000-2001 and subsequent years of assessment.

[30]

[+]

Inserted by FA00 s5(b)(ii). Applies as respects the year of assessment 2000-2001 and subsequent years of assessment.

[31]

[+]

Inserted by FA00 s89(b).

[32]

[+]

Inserted by FA01 s11(1)(a). Applies as respects the year of assessment 2001 and subsequent years of assessment.

[33]

[+]

Inserted by FA01 s20(a)(i).

[34]

[-] [+]

Deleted by FA01 s29(2).

[35]

[-] [+]

Substituted by FA01 s45(2).

[36]

[-] [+]

Substituted by FA01 sched1(1)(e)(i). Applies as respects the year of assessment 2001 and subsequent years of assessment.

[37]

[-] [+]

Substituted by FA01 sched1(1)(e)(i). Applies as respects the year of assessment 2001 and subsequent years of assessment.

[38]

[+]

Inserted by FA01 sched1(1)(e)(ii). Applies as respects the year of assessment 2001 and subsequent years of assessment.

[39]

[-] [+]

Substituted by FA01 sched1(1)(e)(iii). Applies as respects the year of assessment 2001 and subsequent years of assessment.

[40]

[-] [+]

Substituted by FA02 sched2(2)(i).

[41]

[+]

Inserted by FA05 s24(1)(a)(i). Applies with effect from 25 March 2005

[42]

[+]

Inserted by FA05 s24(1)(a)(ii). Applies with effect from 25 March 2005

[43]

[+]

Inserted by the Health Insurance (Miscellaneous Provisions) Act 2009 sec 20

[44]

[+]

Inserted by FA10 sched4(1)(d)(i). Deemed to have come into force and have taken effect as on and from 6 April 2001.

[45]

[-]

Deleted by FA10 sched4(1)(d)(ii). Deemed to have come into force and have taken effect as on and from 6 April 2001.

[46]

[-]

Deleted by FA11 sched3(1)(d). Deemed to have come into force and have taken effect as on and from 6 April 2001.

[47]

[-] [+]

Substituted by FA12 sched4(part2)(g).

[48]

[-] [+]

Substituted by F(No.2)A13 s7(1)(e). Applies for the year of assessment 2014 and subsequent years of assessment.

[49]

[+]

Inserted by F(No.2)A13 s31(2)(a). Comes into operation on such date as the Minister for Finance may appoint by order.

[50]

[+]

Inserted by F(No.2)A13 sched(1)(e). Has effect on and from 18 December 2013.

[51]

[+]

Inserted by FA14 sched3(1)(b). Has effect on and from 23 December 2014.

[52]

[+] [+]

Inserted by FA17 s9. Comes into operation on 1 January 2018.

[53]

[-] [+]

Substituted by FA18 s25(2)(e)(i). Comes into operation on 1 January 2019.

[54]

[-] [+]

Substituted by FA18 s25(2)(e)(ii). Comes into operation on 1 January 2019.

[55]

[+]

Inserted by FA19 s5(1)(a). Applies for the year of assessment 2020.

[56]

[+]

Inserted by FPCovidNo2 s(7)(a).