No 39 of 1997, Section 757, Link Report

Links from Section 757
Act	Linked to	Context
Patents Act, 1992	index.html	(6)(a) This section shall not apply to a sale which results in the purchaser being entitled to have their title as applicant, or co-applicant, for the patent, or proprietor, or co-proprietor, of the patent, registered in the Register of Patents under the Patents Act 1992 or in accordance with the analogous law of another jurisdiction, or being absolutely entitled as against the applicant, or co-applicant, for the patent, or proprietor, or co-proprietor, of the patent.
Patents Act, 1992	index.html	(b) In this section, ‘applicant’ and ‘proprietor of the patent’ shall have the same meaning, respectively, as they have in the Patents Act 1992 and ‘co-applicant’ and ‘co-proprietor’ shall be construed accordingly.
Taxes Consolidation Act, 1997	sec0018.html	(1)(a) Subject to paragraphs (b) and (c), where a person resident in the State sells any patent rights and the net proceeds of the sale consist wholly or partly of a capital sum, that person shall, subject to this Chapter, be charged to tax under Case IV of Schedule D for the chargeable period in which the sum is received by that person and for successive chargeable periods, being charged in each period on the same fraction of the sum as the period is of 6 years (or such less fraction as has not already been charged).
Taxes Consolidation Act, 1997	sec0018.html	(i) the person shall be chargeable to tax in respect of that sum under Case IV of Schedule D, and
Taxes Consolidation Act, 1997	sec0238.html	(ii) section 238 shall apply to that sum as if it were an annual payment payable otherwise than out of profits or gains brought into charge to tax.
Taxes Consolidation Act, 1997	sec0238.html	(i) the election shall not affect the amount of tax to be deducted and accounted for under section 238,
Taxes Consolidation Act, 1997	sec0238.html	(ii) where any sum is deducted under section 238, any adjustments necessary to give effect to the election shall be made by means of repayment of tax, and
Taxes Consolidation Act, 1997	sec0238.html	(b) nothing in this subsection shall affect the amount of tax to be deducted and accounted for under section 238 by virtue of subsection (2) and, where any sum is deducted under section 238, any adjustment necessary to give effect to this subsection shall be made by means of repayment of tax.
Taxes Consolidation Act, 1997	sec0238.html	(b) nothing in this subsection shall affect the amount of tax to be deducted and accounted for under section 238 by virtue of subsection (2) and, where any sum is deducted under section 238, any adjustment necessary to give effect to this subsection shall be made by means of repayment of tax.
Taxes Consolidation Act, 1997	sec0551.html	(ii) the person selling the patent rights would be chargeable to capital gains tax in respect of that sale but for the net proceeds of the sale being excluded from the computation of the gain accruing on that disposal by virtue of section 551.
Taxes Consolidation Act, 1997	sec0617.html	(b) Where, but for the application of this section, section 617 would apply to a sale referred to in paragraph (a), then—
Taxes Consolidation Act, 1997	sec0617.html	(i)section 617 and Chapter 1 of Part 20 and Chapter 2 of Part 9, in so far as those Chapters relate to section 617, shall apply for the purposes of a charge to tax under this section as those provisions apply for the purposes of the Capital Gains Tax Acts, with any necessary modifications, and
Taxes Consolidation Act, 1997	sec0617.html	(i)section 617 and Chapter 1 of Part 20 and Chapter 2 of Part 9, in so far as those Chapters relate to section 617, shall apply for the purposes of a charge to tax under this section as those provisions apply for the purposes of the Capital Gains Tax Acts, with any necessary modifications, and
Taxes Consolidation Act, 1997	sec0617.html	(ii) in applying section 617 to a sale referred to in paragraph (a), references in this section to the capital sum received for the sale of patent rights for the purposes of this section shall be read as references to the consideration referred to in section 617(1).
Taxes Consolidation Act, 1997	sec0617.html	(ii) in applying section 617 to a sale referred to in paragraph (a), references in this section to the capital sum received for the sale of patent rights for the purposes of this section shall be read as references to the consideration referred to in section 617(1).
Links to Section 757 (from within TaxSource Total)
Act	Linked from	Context
Taxes Consolidation Act, 1997	sec1011.html	1011Provision as to charges under section 757.
Taxes Consolidation Act, 1997	sec1011.html	(1) Where for any year of assessment a charge under section 757 (in this section referred to as a “joint charge”) would have been made in charging the profits or gains of a partnership trade if the Income Tax Acts had provided that those profits or gains should be charged as specified in section 1010(2), there shall be made on any partner in the partnership in charging the profits or gains of that partner’s several trade a charge under section 757 equal to that partner’s appropriate share of the joint charge.
Taxes Consolidation Act, 1997	sec1011.html	(1) Where for any year of assessment a charge under section 757 (in this section referred to as a “joint charge”) would have been made in charging the profits or gains of a partnership trade if the Income Tax Acts had provided that those profits or gains should be charged as specified in section 1010(2), there shall be made on any partner in the partnership in charging the profits or gains of that partner’s several trade a charge under section 757 equal to that partner’s appropriate share of the joint charge.
Taxes Consolidation Act, 1997	sec0390.html	(3) This section shall not apply to any sum assessed under section 238 by virtue of section 246(2), 757 or 1041(1).
Taxes Consolidation Act, 1997	sec0759.html	(4) Nothing in this section shall apply to any sum to which section 238 applies by virtue of section 757.
Taxes Consolidation Act, 1997	sec0760.html	(2) Where a person on whom, by reason of the receipt of a capital sum, a charge is to be, or would otherwise be, made under section 757 dies or, being a body corporate, commences to be wound up—
Taxes Consolidation Act, 1997	sec0760.html	(b) The amount referred to in paragraph (a) shall be the total amount of tax which would have been payable by the deceased or out of his or her estate by reason of the operation of section 757 in relation to the capital sum if, instead of the amount to be charged for the year in which the death occurs being increased by the whole amount of the sums charged for subsequent years, the several amounts to be charged for the years beginning with that in which the capital sum was received and ending with that in which the death occurred had each been increased by that whole amount divided by the number of those years.
Taxes Consolidation Act, 1997	sec0760.html	(b) Where, under Chapter 4 of Part 9 as modified by Part 43, charges under section 757 are to be made on 2 or more persons as being the persons for the time being carrying on a trade, and the relevant period comes to an end, subsection (2) shall apply in relation to the ending of the relevant period as it applies where a body corporate commences to be wound up.
Taxes Consolidation Act, 1997	sec0762.html	(b) the reference in section 316(1) to any expenditure or sum in the case of which a deduction of tax is to be or may be made under section 237 or 238 shall not include a sum in the case of which such a deduction is to be or may be so made by virtue of section 757.
Taxes Consolidation Act, 1997	sec0817W.html	(3)Section 757(2) shall not apply to a relevant payment of a royalty to which this section applies.

Link Report

1011Provision as to charges under section 757.