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Taxes Consolidation Act, 1997 (Number 39 of 1997)

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705GCharge to tax.

(1) Notwithstanding anything in the Acts, but subject to the provisions of this Part, a company which is a REIT or a member of a group REIT shall not be chargeable to tax in respect of—

(a) income of its property rental business, or

(b) chargeable gains accruing on the disposal of assets of that property rental business.

(2) Where a company or group, which is, or which, subsequent to such acquisition, becomes, a REIT or group REIT, as the case may be, acquires an asset which is used, or subsequent to such acquisition is used, for the purposes of its property rental business, and following that acquisition—

(a) the asset is developed, the cost of which development exceeds per cent of the market value of the asset at the date of commencement of the development, and

(b) the asset is disposed of within the period of three years beginning with the completion of the development,

then, notwithstanding the provisions of subsection (1), the profits arising therefrom, computed in accordance with the Tax Acts, shall be chargeable to corporation tax at the rate specified in section 21A.

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(3) Notwithstanding Chapter 4 of Part 8, that Chapter shall apply to a deposit (within the meaning of that Chapter) to which a REIT or a member of a group REIT is for the time being entitled as if such deposit were not a relevant deposit within the meaning of that Chapter.

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Inserted by FA13 s41(c). Deemed to have come into force and takes effect on and from 1 January 2013.

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Inserted by FA14 s29(1)(c). Comes into operation on 1 January 2015.