Revenue Note for Guidance

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Revenue Note for Guidance

600D Qualifying subsidiary

Summary

This section sets out what a qualifying subsidiary is for the purposes of this Chapter.

Details

This section provides the definition of a qualifying subsidiary. A qualifying subsidiary must satisfy the requirements of section 600F(2)(a)(ii) and (iii) (i.e. it must be a company tax resident in the State, another EEA state or the United Kingdom (UK), and carries on, or intends to carry on relevant trading activities from a fixed place of business in the State. Further, the company must hold a tax clearance certificate within the meaning of section 1095). In addition to the above requirements, paragraphs (a) – (c) of section 600D provide for conditions that must be satisfied in order for a subsidiary to be considered a qualifying subsidiary.

(a)The subsidiary must be either a 51 per cent subsidiary of—

  1. (a)(i)the applicant company (within the meaning of section 600F, which means it is the company making the application to the Revenue Commissioners in order to ascertain certificates of qualification), or
  2. (a)(ii)the qualifying company.

(b)No other person must have control of the subsidiary.

(c)No arrangements must exist whereby the conditions in paragraphs (a) and (b) could cease to apply.

Relevant Date: Finance Act 2024