Revenue Note for Guidance

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Revenue Note for Guidance

111S Allocation of the qualifying income or loss of a flow-through entity

Summary

This section determines how the qualifying income or loss of a flow-through entity is allocated.

Details

(1) The financial accounting net income or loss of a constituent entity that is a flow-through entity shall be reduced by the amount allocable to its owners that are not members of the MNE or large-scale domestic group and that hold their ownership interest in that flow-through entity directly or indirectly through one or more tax transparent entities, unless

  • the flow-through entity is an ultimate parent entity, or
  • the flow-through entity is held, directly or indirectly through one or more tax transparent entities by an ultimate parent entity that is a flow-through entity.

(2) The financial accounting net income or loss of a constituent entity that is a flow-through entity shall be reduced by the financial accounting net income or loss that is allocated to another constituent entity.

(3) Where a flow-through entity wholly or partially carries out business through a permanent establishment, its financial accounting net income or loss which remains after the application of subsection (1) shall be allocated to that permanent establishment in accordance with section 111R (allocation of qualifying income between a main entity and permanent establishment).

(4) Subject to subsection (5), where a tax transparent entity is not an ultimate parent entity, the financial accounting net income or loss of the flow-through entity which remains after the application of subsections (1) and (3) shall be allocated to its constituent entity-owners in proportion to their ownership interests that carry rights to profits in the flow-through entity.

(5) Where a flow-through entity is a tax transparent entity that is an ultimate parent entity or a reverse hybrid entity, any financial accounting net income or loss of the flow-through entity which remains after the application of subsections (1) and (3) shall be allocated to the ultimate parent entity or the reverse hybrid entity.

(6) Subsections (3), (4), and (5) shall be applied separately with respect to each ownership interest that carries rights to profits in the flow-through entity.

Relevant Date: Finance Act 2024