Taxes Consolidation Act, 1997 (Number 39 of 1997)
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501 Value received by persons other than claimants.
[FA84 s20]
(1) The relief to which an individual is entitled in respect of any shares in a company shall be reduced in accordance with subsection (4) if at any time in the relevant period the company repays, redeems or repurchases any of its share capital which belongs to any member other than—
(a) that individual, or
(b) another individual whose relief is thereby reduced by virtue of section 499(3),
or makes any payment to any such member for giving up such member’s right to any of the company’s share capital on its cancellation or extinguishment.
(2) Subsection (1) shall not apply in relation to the redemption of any share capital for which the redemption date was fixed before the 26th day of January, 1984.
(3) Where—
(a) after the 5th day of April, 1984, a company issues share capital (in this subsection referred to as “the original shares”) of nominal value equal to the authorised minimum (within the meaning of the Companies (Amendment) Act, 1983) for the purposes of complying with the requirements of section 6 of that Act, and
(b) after the registrar of companies has issued the company with a certificate under section 6 of that Act the company issues eligible shares,
subsection (1) shall not apply in relation to any redemption of any of the original shares within 12 months of the date on which those shares were issued.
(4) Where subsection (1) applies, the amount of relief to which an individual is entitled shall be reduced by the amount receivable by the member or, if greater, the nominal value of the share capital in question and, where apart from this subsection 2 or more individuals would be entitled to relief, the reduction shall be made in proportion to the amounts of relief to which those individuals would have been entitled apart from this subsection.
(5) Where at any time in the relevant period a member of a company receives or is entitled to receive any value from the company within the meaning of this subsection, then, for the purposes of section 493(4) in its application to any subsequent time—
(a) the amount of the company’s issued ordinary share capital, and
(b) the amount of the part of that capital which consists of the shares relevant to section 493(4) and the amount of the part consisting of the remainder,
shall each be treated as reduced in accordance with subsection (6).
(6) The amount of each of the parts mentioned in subsection (5)(b) shall be treated as equal to such proportion of that amount as the amount subscribed for that part less the relevant value bears to the amount subscribed, and the amount of the issued share capital shall be treated as equal to the sum of the amounts treated under this subsection as the amount of those parts respectively.
(7) In subsection (5)(b), the reference to the part of the capital which consists of the shares relevant to section 493(4) is a reference to the part consisting of shares which (within the meaning of that section) the individual directly or indirectly possesses or is entitled to acquire, and in subsection (6) “the relevant value”, in relation to each of the parts mentioned in that subsection, means the value received by the member or members entitled to the shares of which that part consists.
(8) For the purposes of subsection (5), a member of a company receives or is entitled to receive value from the company within the meaning of that subsection in any case in which an individual would receive value from the company by virtue of paragraph (d), (e), (f), (g) or (h) of section 499(3) (but treating as excepted from paragraph (h) all payments made for full consideration), and the value received shall be determined as for the purposes of that section.
(9) For the purposes of subsection (8), a person shall be treated as entitled to receive anything which the person is entitled to receive at a future date or will at a future date be entitled to receive.
(10) Where by virtue of this section any relief is withheld or withdrawn in the case of an individual to whom ordinary shares in the company have been issued at different times, the relief shall be withheld or withdrawn in respect of shares issued earlier rather than in respect of shares issued later.
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501 Claims.
(1) A claim for the relief in respect of eligible shares issued by a company in any year of assessment shall be made—
(a) not earlier than—
(i) in the case of a claim under section 493, the date on which the company commences to carry on the relevant trading activities or in the case of a company referred to in section 493(1)(d)(ii), has expended not less than 30 per cent of the relevant investment on research and development activities which are connected with and undertaken with a view to the carrying on of the relevant trading activities,
(ii) in the case of a relief under section 489(2)(a)—
(I) where the company is a company referred to in section 489(4)(b), which does not begin to carry on relevant trading activities, the time of the disposal, and
(II) in any other case, the end of the period of 4 months mentioned in section 489(4)(a),
and
(iii) in the case of a relief under section 489(2)(b), the date on which the relevant period ends,
and
(b) not later than—
(i) the period of 2 years after the end of that year of assessment or, if the period of 4 months mentioned in section 489(4)(a) ended after the end of that year, the period of 2 years after the end of that 4 month period, whichever last occurs, or
(ii) the period of 3 months after the date the statement referred to in subsection (3) is furnished, where such statement is furnished within the 3 months prior to the expiry of the time specified in subparagraph (i).
(2) A claim for relief in respect of eligible shares in a company shall not be allowed unless it is accompanied by a certificate issued by the company in such form as the Revenue Commissioners may direct and certifying that the conditions for the relief, in so far as they apply to the company and the trade, are satisfied in relation to those shares.
(3) Before issuing a certificate under subsection (2), a company shall furnish the inspector with a statement to the effect that it satisfies the conditions for the relief, in so far as they apply in relation to the company and the trade, and has done so at all times since the beginning of the relevant period.
(4) No certificate to which subsection (3) relates shall be issued without the authority of the inspector or where the company or a person connected with the company has given notice to the inspector under section 503(2).
(5) Any statement under subsection (3) shall—
(a) contain such information as the Revenue Commissioners may reasonably require,
(b) be in such form as the Revenue Commissioners may direct, and
(c) contain a declaration that it is correct to the best of the company’s knowledge and belief.
(6) Where a company has issued a certificate under subsection (2) or furnished a statement under subsection (3), and—
(a) the certificate or statement is false or misleading, or
(b) the certificate was issued in contravention of subsection (4),
then the company shall be liable to a penalty of €4,000.
(7) For the purpose of regulations made under section 986, no regard shall be had to the relief unless a claim for it has been duly made and admitted.
(8) For the purposes of section 1080, income tax—
(a) shall be regarded as due and payable notwithstanding that relief from the tax (whether by discharge or repayment) is subsequently given on a claim for the relief, but
(b) shall, unless paid earlier or due and payable later, be regarded as paid, to the extent that relief from tax is due under this Part, on the date of the making of the claim on which the relief is given,
and section 1081 shall not apply in consequence of any discharge or repayment for giving effect to the relief.
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(9) A claim for relief under section 489(2) or 493 in respect of eligible shares in a company shall not be allowed unless, at the time the claim is made, the company qualifies for a tax clearance certificate within the meaning of section 1095.
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501. Anti-avoidance: qualifying investors
Where an individual subscribes for shares in a company with which the individual is not connected, then he or she shall nevertheless be treated as connected with it if he or she subscribes for the shares as part of any arrangement which provides for another person to subscribe for shares in another company with which the individual or any other individual who is a party to the arrangement is connected.
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Substituted by FA11 s33(1)(a). Has effect in respect of shares issued on or after 25 November 2011. Note: FA 12 s26 (2) amends FA 11 s33 and provides: (b) This section does not have effect in respect of shares issued before 25 November 2011 and, for all the purposes of Part 16 in connection with those shares, the Principal Act has effect as if this section had not been enacted. (c) This section does not have effect in respect of shares issued on or after 25 November 2011 and on or before 31 December 2011 where— (i) the company issuing the shares, or (ii) where the shares are acquired by an investment fund, the fund acquiring the shares, elects by notice in writing to the Revenue Commissioners on or before 31 December 2011 that, for all the purposes of Part 16 in connection with those shares, the Principal Act has effect as if this section had not been enacted.
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Inserted by FA14 s27(1)(f). Applies to shares issued on or after 13 October 2015 as per FA15 s18(1)(c).