Link Report

(1A) A qualifying intermediary who carries on a trade which consists of, or includes, the holding in a nominee capacity of units in an IREF, that is not a personal portfolio IREF, on behalf of unit holders (that come within paragraphs (a), (d) or (e) of the definition of ‘specified person’, or within paragraph (f) of that definition pursuant to its reference to paragraph (a) thereof), may make a declaration in accordance with Schedule 2C, on behalf of those unit holders in respect of that IREF.

“connected” has the meaning assigned to it in section 10;

“accounting period” means the period for which an investment undertaking or sub-fund, as the case may be, makes up its accounts and subsections (2) and (3) of section 27 shall have application for the purposes of determining the accounting period of an investment undertaking or sub-fund;

(a)relevant assets (within the meaning of section 29(1A));

(d)specified mortgages, (within the meaning of section 110(5A)) other than those which—

(i)are issued by a qualifying company as part of a CLO transaction, a CMBS/RMBS transaction or a loan origination business (each within the meaning of section 110), or

(g)a qualifying company, within the meaning of section 110, where the IREF is in possession of a valid declaration valid declaration made by the unit holder or, where applicable under subsection (1A), by the qualifying intermediary , in accordance with Schedule 2C, immediately before the IREF taxable event;

(i)income tax under Schedule D by virtue of section 207(1)(b), or

(ii)corporation tax by virtue of section 207(1)(b) as it applies for the purposes of corporation tax under section 76(6),

“market value” shall be construed in accordance with section 548;

(c)a company carrying on life business (within the meaning of section 706),

other than an investment undertaking within the meaning of paragraph (b) of the definition of “investment undertaking” in section 739B, and where this Chapter applies to a sub-fund of an umbrella scheme, for the purposes of the calculation, assessment and collection of any tax due under this Chapter, each sub-fund of such umbrella scheme shall be treated as a separate legal person;

“qualifying intermediary” means an intermediary (within the meaning of section 739B(1)) who is authorised by the Central Bank of Ireland under—

“umbrella scheme” has the meaning given to it in section 739B.

“IREF business” means activities involving IREF assets, the profits or gains of which, apart from section 739C, would be chargeable to income tax, corporation tax or capital gains tax, including, but without limitation to the generality of the preceding words, activities which would be regarded as—

“specified person” means a unit holder in respect of which a gain is not treated as arising to an investment undertaking on the happening of a chargeable event under subsection (6) (other than paragraphs (cc), (e), and (kb)), (7), (7A) (as it applies to a declaration made under subsection (6) or (7)), (7B) (as it applies to a declaration made under subsection (7) or (9)), (8), (8A), (8D), (8E), (9) or (9A) of section 739D, but shall not, subject to section 739M, include—

“IREF taxable amount”, in relation to an IREF taxable event and a unit holder, means an amount calculated in accordance with section 739L;

“PEPP” has the same meaning as in Chapter 2D of Part 30;

(a) a fund approved under section 774, 784(4) or 785(5), an approved retirement fund within the meaning of section 784A, an approved minimum retirement fund within the meaning of section 784C, a PRSA (including a vested PRSA within the meaning of section 790D(1)) (including a vested PRSA within the meaning of section 790D(1)), a PEPP (including a vested PEPP within the meaning of 790D(1)) or a person exempt from income tax under section 790B (collectively referred to in this Chapter as ‘pension schemes’),

(a) a fund approved under section 774, 784(4) or 785(5), an approved retirement fund within the meaning of section 784A, an approved minimum retirement fund within the meaning of section 784C, a PRSA (including a vested PRSA within the meaning of section 790D(1)) (including a vested PRSA within the meaning of section 790D(1)), a PEPP (including a vested PEPP within the meaning of 790D(1)) or a person exempt from income tax under section 790B (collectively referred to in this Chapter as ‘pension schemes’),

(a) a fund approved under section 774, 784(4) or 785(5), an approved retirement fund within the meaning of section 784A, an approved minimum retirement fund within the meaning of section 784C, a PRSA (including a vested PRSA within the meaning of section 790D(1)) (including a vested PRSA within the meaning of section 790D(1)), a PEPP (including a vested PEPP within the meaning of 790D(1)) or a person exempt from income tax under section 790B (collectively referred to in this Chapter as ‘pension schemes’),

“PRSA” means a Personal Retirement Savings Account within the meaning of section 787A;

(a) a fund approved under section 774, 784(4) or 785(5), an approved retirement fund within the meaning of section 784A, an approved minimum retirement fund within the meaning of section 784C, a PRSA (including a vested PRSA within the meaning of section 790D(1)) (including a vested PRSA within the meaning of section 790D(1)), a PEPP (including a vested PEPP within the meaning of 790D(1)) or a person exempt from income tax under section 790B (collectively referred to in this Chapter as ‘pension schemes’),

(a) a fund approved under section 774, 784(4) or 785(5), an approved retirement fund within the meaning of section 784A, an approved minimum retirement fund within the meaning of section 784C, a PRSA (including a vested PRSA within the meaning of section 790D(1)) (including a vested PRSA within the meaning of section 790D(1)), a PEPP (including a vested PEPP within the meaning of 790D(1)) or a person exempt from income tax under section 790B (collectively referred to in this Chapter as ‘pension schemes’),

(a) a fund approved under section 774, 784(4) or 785(5), an approved retirement fund within the meaning of section 784A, an approved minimum retirement fund within the meaning of section 784C, a PRSA (including a vested PRSA within the meaning of section 790D(1)) (including a vested PRSA within the meaning of section 790D(1)), a PEPP (including a vested PEPP within the meaning of 790D(1)) or a person exempt from income tax under section 790B (collectively referred to in this Chapter as ‘pension schemes’),

“TIN” has the meaning assigned to it in section 891F and includes a tax reference number as defined in section 891B;

“TIN” has the meaning assigned to it in section 891F and includes a tax reference number as defined in section 891B;