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Taxes Consolidation Act, 1997 (Number 39 of 1997)

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PART 35A

Transfer Pricing

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835A Interpretation.

(1) In this Part—

arrangement” means any agreement or arrangement of any kind (whether or not it is, or is intended to be, legally enforceable);

authorised officer” means an officer of the Revenue Commissioners authorised by them in writing for the purposes of this Part;

chargeable period” has the same meaning as in section 321(2);

Commission Recommendation” means Commission Recommendation 2003/361/EC of 6 May 20034 concerning the definition of micro, small and medium-sized enterprises; “double taxation relief arrangements” means arrangements having effect by virtue of section 826;

group” means a company which has one or more 75 per cent subsidiaries together with those subsidiaries;

relevant activities”, in relation to a person who is one of the persons between whom an arrangement is made, means that person’s activities—

(a) which comprise the activities in the course of which, or with respect to which, that arrangement is made, and

(b) which are not activities carried on either separately from the activities referred to in paragraph (a) or for the purpose of a different part of that person’s business;

relevant person”, in relation to an arrangement, means a person who is within the charge to tax under Case I or II of Schedule D in respect of profits or gains or losses, the computation of which profits or gains or losses takes account of the results of the arrangement;

tax” means income tax or corporation tax.

(2) References in this Part to “control”, in relation to a company, shall be construed in accordance with section 11.

Footnotes

4 OJ No. L124, 20.05.2003, p.36

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PART 35A

Transfer Pricing

835A Interpretation.

(1) In this Part—

arrangement” means—

(a) any transaction, action, course of action, course of conduct, scheme or plan,

(b) any agreement, arrangement of any kind, understanding, promise or undertaking, whether express or implied and whether or not it is, or is intended to be, legally enforceable, or

(c) any series of or combination of the circumstances referred to in paragraphs (a) and (b);

chargeable asset” in relation to a person, means an asset which, if it were disposed of by the person, the gain accruing to the person would be a chargeable gain;

chargeable period” has the same meaning as in section 321(2);

Commission Recommendation” means Commission Recommendation 2003/361/EC of 6 May 20031 concerning the definition of micro, small and medium-sized enterprises;

double taxation relief arrangements” means arrangements having effect by virtue of section 826;

group” (other than in the definition of “transfer pricing guidelines” in section 835D(1)) means a company which has one or more 75 per cent subsidiaries together with those subsidiaries;

relevant activities” , in relation to a person who is one of the persons between whom an arrangement is made, means that person’s activities which comprise the activities in the course of which, or with respect to which, that arrangement is made and shall include activities involving the disposal and acquisition of an asset or assets;

relevant person” , in relation to an arrangement, means a person who is within the charge to tax in respect of profits or gains or losses, the computation of which profits or gains or losses takes account of the results of the arrangement [3]>(and for the purposes of sections 835F and 835G shall, in relation to an arrangement, include a person who is a supplier or an acquirer whose profits or gains or losses within the charge to tax would take account of any results of the arrangement)<[3];

Revenue officer” means an officer of the Revenue Commissioners;

tax” means income tax, corporation tax or capital gains tax.

(2) References in this Part to “control” , in relation to a company, shall be construed in accordance with section 11.

(3) For the purposes of this Part, references to losses that are chargeable to tax are references to losses arising from relevant activities, which are relevant activities, a profit or gain arising from which would be chargeable to tax.

Footnotes

1OJ No. L124, 20.5.2003, p. 36

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Inserted by FA10 s42(1). This section applies for chargeable periods beginning on or after 1 January 2011 in relation to any arrangement (within the meaning of s835A(1)) other than any such arrangement the terms of which are agreed before 1 July 2010.

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Substituted by FA19 s27(1). Applies for chargeable periods commencing on or after 1 January 2020. Shall not apply as respects an allowance (other than a balancing allowance) to be made to a person in a chargeable period commencing on or after 1 January 2020 in respect of capital expenditure incurred on an asset before 1 January 2020.

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Inserted by FA20 s15(1). Comes into operation on such day as the Minister for Finance may appoint by order.