Revenue Note for Guidance
A gain is not a chargeable gain for the purposes of the Capital Gains Tax Acts if it accrues to any of the following bodies:
1. |
An unregistered friendly society whose income is exempt from income tax under section 211(1). |
2. |
A registered friendly society whose income is exempt from income tax under section 211(1). |
3. |
A registered trade union to the extent that the proceeds of the disposal giving rise to the gain or, if greater, the consideration for the disposal under the Capital Gains Tax Acts have/has been, or will be, applied solely for the purposes of its registered trade union activities. |
4. |
A local authority or a joint body within the meaning of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014). |
5. |
A body established under the Local Government Services (Corporate Bodies) Act, 1971. |
6. |
The Central Bank of Ireland. |
7. |
The Health Service Executive. |
8. |
An education and training board. |
9. |
Teagasc – The Agriculture and Food Development Authority. |
10. |
The National Tourism Development Authority. |
11. |
The Dublin Regional Tourism Organisation Limited. |
12. |
Dublin Regional Tourism Authority Limited. |
13. |
The South-East Regional Tourism Authority Limited. |
14. |
South-West Regional Tourism Authority Limited. |
15. |
The Western Regional Tourism Authority Limited. |
16. |
The North-West Regional Tourism Authority Limited. |
17. |
Midlands-East Regional Tourism Authority Limited. |
18. |
Tramore Fáilte Limited. |
19. |
The National Treasury Management Agency. |
20. |
Eolas — The Irish Science and Technology Agency. |
21. |
Forbairt. |
22. |
Forfás. |
23. |
The Industrial Development Agency (Ireland). |
24. |
The Industrial Development Authority. |
25. |
[Deleted by section 36(c) State Airports (Shannon Group) Act 2014.] |
26. |
Údarás na Gaeltachta. |
27. |
Horse Racing Ireland. |
28. |
The company incorporated on the 1st day of December, 1994, as Irish Thoroughbred Marketing Limited. |
29. |
The company incorporated on the 1st day of December, 1994, as Tote Ireland Limited. |
30. |
A body designated under section 4(1) of the Securitisation (Proceeds of Certain Mortgages) Act, 1995. |
31. |
The Dublin Docklands Development Authority and any of its wholly-owned subsidiaries. |
31A. |
The Dublin Institute of Technology in respect of any disposal made by it to the Grangegorman Development Agency. |
31B. |
The Grangegorman Development Agency. |
32. |
The Interim Board established under the Milk (Regulation of Supply) (Establishment of Interim Board) Order, 1994 (S.I. No. 408 of 1994). |
33. |
National Rehabilitation Board. |
33A. |
A Fund investment vehicle (within the meaning of section 37 of the National Treasury Management Agency (Amendment) Act 2014) of which the Minister for Finance is the sole beneficial owner. |
33B. |
A relevant Fund investment vehicle (within the meaning of section 32 of the Future Ireland Fund and Infrastructure, Climate and Nature Fund Act 2024) of which the Minister for Finance is the sole beneficial owner. |
34. |
[Deleted by Schedule 1, Part 4 Amendments of Taxes Consolidation Act 1997 (National Treasury Management Agency (Amendment) Act 2014 (No. 23)).] |
34A. |
[Deleted by Schedule 1, Part 4 Amendments of Taxes Consolidation Act 1997 (National Treasury Management Agency (Amendment) Act 2014 (No. 23)).] |
34B. |
[Deleted by Schedule 1, Part 4 Amendments of Taxes Consolidation Act 1997 (National Treasury Management Agency (Amendment) Act 2014 (No. 23)).] |
35. |
[Deleted by Schedule 1, Part 4 Amendments of Taxes Consolidation Act 1997 (National Treasury Management Agency (Amendment) Act 2014 (No. 23)).] |
36. |
Tourism Ireland Limited. |
37. |
[Deleted by section 67 of the Finance Act 2012.] |
38. |
Any body established by statute for the principal purpose of promoting games or sports and any company wholly owned by such a body, to the extent that the proceeds of the disposal giving rise to the gain or, if greater, the consideration for the disposal under the Capital Gains Tax Acts have/has been, or will be, applied for that purpose. |
39. |
The Courts Service. |
40. |
The Irish Auditing and Accounting Supervisory Authority. |
41. |
The Commission for Communications Regulation. |
42. |
The Digital Hub Development Agency. |
43. |
The National Asset Management Agency. |
44. |
The Strategic Banking Corporation of Ireland or a subsidiary wholly owned by it or a subsidiary wholly owned by any such subsidiary. |
45. |
Limerick Twenty Thirty Strategic Development Designated Activity Company, registered on 7 July 2008 (registered number 459652). |
46. |
National Transport Authority. |
47. |
Western Development Commission. |
48. |
The National Standards Authority of Ireland. |
49. |
Ennis 2040 (Strategic Development) Designated Activity Company, registered on 8 December 2020 (registered number 684352). |
50. |
The National Paediatric Hospital Development Board. |
51. |
Inland Fisheries Ireland. |
A gain is not a chargeable gain for the purposes of the Capital Gains Tax Acts if it accrues to any of the following bodies in respect of a disposal by that body of an asset to the Interim Board established under the Milk (Regulation of Supply) (Establishment of Interim Board) Order, 1994 (S.I. No. 408 of 1994):
Relevant Date: Finance Act 2024