Link Report

1 OJ No. L124, 20.5.2003, p. 36

(I) provides courses to which a scheme approved by the Minister for Education and Science under the Local Authorities (Higher Education Grants) Acts 1968 to 1992 applies, or

(I) provides courses to which a scheme approved by the Minister for Education and Science under the Local Authorities (Higher Education Grants) Acts 1968 to 1992 applies, or

(A) if the royalty or other sum is paid to a person who is connected with the company within the meaning of section 10 and is income from a qualifying patent within the meaning of section 234 is part of overall income from a qualifying asset within the meaning of section 769G, or

(II) pays a sum (not being a sum referred to in clause (II) of subparagraph (vii)) to a person, other than to a person who is connected (within the meaning of section 10) with the company, in order for that person to carry on research and development activities, and notifies that person in writing , in advance of making the payment or on the date the payment is made, that the payment is a payment to which this clause applies and that the person may not make a claim under this section in respect of such research and development activities,

(II) is relieved under Part 8,

(ii) on machinery or plant (other than a specified intangible asset within the meaning of section 291A treated as machinery or plant by virtue of subsection (2) of that section) which qualifies for any allowance under Part 9 or this Chapter, or

(1A)(a) Where expenditure is incurred by a company on machinery or plant which qualifies for any allowance under Part 9or this Chapter and the machinery or plant will not be used by the company wholly and exclusively for the purposes of research and development, the amount of the expenditure attributable to research and development shall be such portion of that expenditure as appears to the inspector (or on appeal the Appeal Commissioners) to be just and reasonable as is just and reasonable, and such portion of the expenditure shall be treated for the purposes of subsection (1)(a) as incurred by the company wholly and exclusively in carrying on research and development activities.

(ii) on machinery or plant (other than a specified intangible asset within the meaning of section 291A treated as machinery or plant by virtue of subsection (2) of that section) which qualifies for any allowance under Part 9 or this Chapter, or

(I) is allowable for the purposes of tax in the State as a deduction in computing income from a trade (otherwise than by virtue of section 307), or would be so allowable but for the fact that for accounting purposes it is brought into account in determining the value of an intangible asset, or

(ii) sections 412 to 418 shall apply for the purposes of this paragraph as they would apply for the purposes of Chapter 5 of Part 12 if—

(ii) sections 412 to 418 shall apply for the purposes of this paragraph as they would apply for the purposes of Chapter 5 of Part 12 if—

(II) paragraph (c) of section 411(1) were deleted;

(a) both the predecessor and successor were, at the time of the event, members of the same group of companies within the meaning of section 411(1), and

(ii) sections 412 to 418 shall apply for the purposes of this paragraph as they would apply for the purposes of Chapter 5 of Part 12 if—

(ii) sections 412 to 418 shall apply for the purposes of this paragraph as they would apply for the purposes of Chapter 5 of Part 12 if—

(II) as not forming part of the income of the company for the purposes of calculating a surcharge under section 440,

“key employee” has the meaning ascribed to it by section 472D;

(II) operates in accordance with a code of standards which from time to time may, with the consent of the Minister for Finance, be laid down by the Minister for Education and Science, and which the Minister for Education and Science approves for the purposes of section 473A;

(iii) which qualifies for an allowance under section 764,

(i) paid by the Revenue Commissioners in accordance with subsection (4B) of this section or section 766A(4B), as the case may be, or

(4C) Where a company (in this section and section 766A referred to as the “predecessor”) which has made a claim in accordance with this section ceases to carry on a trade which includes the carrying on by it of research and development activities and another company (in this section and section 766A referred to as the “successor”) commences to carry on the trade and those research and development activities (the cessation and commencement referred to in this section and section 766A as the ‘event’) and—

(4C) Where a company (in this section and section 766A referred to as the “predecessor”) which has made a claim in accordance with this section ceases to carry on a trade which includes the carrying on by it of research and development activities and another company (in this section and section 766A referred to as the “successor”) commences to carry on the trade and those research and development activities (the cessation and commencement referred to in this section and section 766A as the ‘event’) and—

(4C) Where a company (in this section and section 766A referred to as the “predecessor”) which has made a claim in accordance with this section ceases to carry on a trade which includes the carrying on by it of research and development activities and another company (in this section and section 766A referred to as the “successor”) commences to carry on the trade and those research and development activities (the cessation and commencement referred to in this section and section 766A as the ‘event’) and—

(7)(a)The Revenue Commissioners An authorised officer may in relation to a claim by a company under this section or section 766A— under this section or section 766A, 766C or 766D—

(ii) notwithstanding any obligation as to secrecy or other restriction on the disclosure of information imposed by, or under, the Tax Acts or any other statute or otherwise, but subject to paragraph (b), disclose any detail in the company’s claim under this section, or under section 766A under this section or section 766A, 766C or 766D— , which they consider necessary for the purposes of such consultation.

(i) Subject to subparagraph (ii), where a company makes a claim in respect of a specified amount and it is subsequently found that the claim is not as authorised by this section or by section 766A, as the case may be, then the company may be charged to tax under Case IV of Schedule D for the accounting period in respect of which the payment was made or the amount surrendered, as the case may be, in an amount equal to 4 times so much of the specified amount as is not so authorised.

(b) Subject to section 766B, on receipt of a claim the Revenue Commissioners shall pay any excess remaining to the company, in 3 instalments—

(1) (a) In this section— In this section and in section 766C—

(b) For the purposes of this section— For the purposes of this section and section 766C—

(C) for the purposes of section 766C(1), as it would if it was incurred in the first accounting period which commenced on or after the time the company begins to trade;

(6) (a) The Minister for Enterprise, Trade and Employment, in consultation with the Minister for Finance, may make regulations for the purposes of this section for the purposes of this section and section 766C providing—

(7)(a)The Revenue Commissioners An authorised officer may in relation to a claim by a company under this section or section 766A— under this section or section 766A, 766C or 766D—

(ii) notwithstanding any obligation as to secrecy or other restriction on the disclosure of information imposed by, or under, the Tax Acts or any other statute or otherwise, but subject to paragraph (b), disclose any detail in the company’s claim under this section, or under section 766A under this section or section 766A, 766C or 766D— , which they consider necessary for the purposes of such consultation.

(b) A company may, in respect of expenditure on research and development incurred in an accounting period make a claim under this section or section 766C.

(7)(a)The Revenue Commissioners An authorised officer may in relation to a claim by a company under this section or section 766A— under this section or section 766A, 766C or 766D—

(ii) notwithstanding any obligation as to secrecy or other restriction on the disclosure of information imposed by, or under, the Tax Acts or any other statute or otherwise, but subject to paragraph (b), disclose any detail in the company’s claim under this section, or under section 766A under this section or section 766A, 766C or 766D— , which they consider necessary for the purposes of such consultation.

(A) if the royalty or other sum is paid to a person who is connected with the company within the meaning of section 10 and is income from a qualifying patent within the meaning of section 234 is part of overall income from a qualifying asset within the meaning of section 769G, or

and, in addition to what is specified in subparagraphs (i) and (ii), shall be deemed to include the United Kingdom but, for the purposes of the definition of ‘Member State’ in section 769G(1), the portion of this definition that extends to the United Kingdom shall not apply;

(d) A company aggrieved by a decision made under paragraph (c) in respect of it may appeal the decision to the Appeal Commissioners, in accordance with section 949I, within the period of 30 days after the date of the notice of that decision.

(i) the first instalment shall be paid by the Revenue Commissioners not earlier than the date provided for in paragraph (b) of the definition of “specified return date for the chargeable period” as defined in section950(1) 959A, for the accounting period in which the expenditure on research and development was incurred and shall equal 33 per cent of the excess remaining,

(c) A company may not make a claim under this subsection where, at the time of making such a claim the company has a liability (within the meaning of section 960H) in respect of the corporation tax of the accounting period referred to in subsection (2) or a previous accounting period.

(7B) (a) Any amount payable by the Revenue Commissioners to the company or another company by virtue of subsection (4B) shall be deemed to be an overpayment of corporation tax, for the purposes only of section 960H(2).

(b)(i) Any claim in respect of a specified amount or pursuant to section 766C(4) shall be deemed for the purposes of section 1077E section 1077E or 1077F, as appropriate, to be a claim in connection with a credit and, for the purposes of determining an amount in accordance with section 1077E(11) or 1077E(12) subsection (11) or (12), as the case may be, of section 1077E or subsection (3) or (5), as the case may be, of section 1077F, as appropriate , a reference to an amount of tax that would have been payable for the relevant periods by the person concerned shall be read as if it were a reference to a specified amount or an amount pursuant to section 766C(4).

(b)(i) Any claim in respect of a specified amount or pursuant to section 766C(4) shall be deemed for the purposes of section 1077E section 1077E or 1077F, as appropriate, to be a claim in connection with a credit and, for the purposes of determining an amount in accordance with section 1077E(11) or 1077E(12) subsection (11) or (12), as the case may be, of section 1077E or subsection (3) or (5), as the case may be, of section 1077F, as appropriate , a reference to an amount of tax that would have been payable for the relevant periods by the person concerned shall be read as if it were a reference to a specified amount or an amount pursuant to section 766C(4).

(ii)Any claim in respect of subsection (4B), section 766A(4B) or pursuant to section 766C(4), as the case may be, that remains unpaid, shall be deemed Any claim in respect of a specified amount that remains unpaid shall be deemed for the purposes of section 1077E section 1077E or 1077F, as appropriate, to be a claim in connection with a credit and, for the purposes of determining an amount in accordance with section 1077E(11) or 1077E(12) subsection (11) or (12), as the case may be, of section 1077E or subsection (3) or (5), as the case may be, of section 1077F, as appropriate , a reference to an amount of tax that would have been payable for the relevant periods by the person concerned shall be read as if it were a reference to the amount so claimed.

(ii)Any claim in respect of subsection (4B), section 766A(4B) or pursuant to section 766C(4), as the case may be, that remains unpaid, shall be deemed Any claim in respect of a specified amount that remains unpaid shall be deemed for the purposes of section 1077E section 1077E or 1077F, as appropriate, to be a claim in connection with a credit and, for the purposes of determining an amount in accordance with section 1077E(11) or 1077E(12) subsection (11) or (12), as the case may be, of section 1077E or subsection (3) or (5), as the case may be, of section 1077F, as appropriate , a reference to an amount of tax that would have been payable for the relevant periods by the person concerned shall be read as if it were a reference to the amount so claimed.

(b)(i) Any claim in respect of a specified amount or pursuant to section 766C(4) shall be deemed for the purposes of section 1077E section 1077E or 1077F, as appropriate, to be a claim in connection with a credit and, for the purposes of determining an amount in accordance with section 1077E(11) or 1077E(12) subsection (11) or (12), as the case may be, of section 1077E or subsection (3) or (5), as the case may be, of section 1077F, as appropriate , a reference to an amount of tax that would have been payable for the relevant periods by the person concerned shall be read as if it were a reference to a specified amount or an amount pursuant to section 766C(4).

(b)(i) Any claim in respect of a specified amount or pursuant to section 766C(4) shall be deemed for the purposes of section 1077E section 1077E or 1077F, as appropriate, to be a claim in connection with a credit and, for the purposes of determining an amount in accordance with section 1077E(11) or 1077E(12) subsection (11) or (12), as the case may be, of section 1077E or subsection (3) or (5), as the case may be, of section 1077F, as appropriate , a reference to an amount of tax that would have been payable for the relevant periods by the person concerned shall be read as if it were a reference to a specified amount or an amount pursuant to section 766C(4).

(ii)Any claim in respect of subsection (4B), section 766A(4B) or pursuant to section 766C(4), as the case may be, that remains unpaid, shall be deemed Any claim in respect of a specified amount that remains unpaid shall be deemed for the purposes of section 1077E section 1077E or 1077F, as appropriate, to be a claim in connection with a credit and, for the purposes of determining an amount in accordance with section 1077E(11) or 1077E(12) subsection (11) or (12), as the case may be, of section 1077E or subsection (3) or (5), as the case may be, of section 1077F, as appropriate , a reference to an amount of tax that would have been payable for the relevant periods by the person concerned shall be read as if it were a reference to the amount so claimed.

(ii)Any claim in respect of subsection (4B), section 766A(4B) or pursuant to section 766C(4), as the case may be, that remains unpaid, shall be deemed Any claim in respect of a specified amount that remains unpaid shall be deemed for the purposes of section 1077E section 1077E or 1077F, as appropriate, to be a claim in connection with a credit and, for the purposes of determining an amount in accordance with section 1077E(11) or 1077E(12) subsection (11) or (12), as the case may be, of section 1077E or subsection (3) or (5), as the case may be, of section 1077F, as appropriate , a reference to an amount of tax that would have been payable for the relevant periods by the person concerned shall be read as if it were a reference to the amount so claimed.

(d) Where in accordance with paragraph (c) an inspector makes an assessment an assessment is made in respect of a specified amount, the amount so charged shall for the purposes of section 1080 be deemed to be tax due and payable and shall carry interest as determined in accordance with subsection (2)(c) of section 1080 as if a reference to the date when the tax became due and payable were a reference to the date the amount was paid by the Revenue Commissioners, or a reference to the date the corporation tax of the company for the accounting period in respect of which the amount was surrendered, was payable, as the case may be.

(d) Where in accordance with paragraph (c) an inspector makes an assessment an assessment is made in respect of a specified amount, the amount so charged shall for the purposes of section 1080 be deemed to be tax due and payable and shall carry interest as determined in accordance with subsection (2)(c) of section 1080 as if a reference to the date when the tax became due and payable were a reference to the date the amount was paid by the Revenue Commissioners, or a reference to the date the corporation tax of the company for the accounting period in respect of which the amount was surrendered, was payable, as the case may be.