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Taxes Consolidation Act, 1997 (Number 39 of 1997)

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88ADouble deduction in respect of certain emoluments.

(1) In this section—

chargeable period” has the same meaning as in section 321(2);

emoluments”, “employment”, “employment scheme”, “qualifying employment”, and “qualifying individual” have the same meanings, respectively, as in section 472A;

qualifying period”, in relation to a qualifying employment, means the period of 36 months beginning on the date when that employment commences.

(2) (a) Where in the computation of the amount of the profits or gains of a trade or profession for a chargeable period, a person is, apart from this section, entitled to a deduction (in this subsection referred to as “the first-mentioned deduction”) on account of—

(i) emoluments payable to a qualifying individual in respect of a qualifying employment, and

(ii) the employer’s contribution to the Social Insurance Fund payable, in respect of those emoluments, under the Social Welfare Acts,

that person shall be entitled in that computation to a further deduction (in this subsection referred to as “the second-mentioned deduction”) equal to the amount of the first-mentioned deduction as respects that qualifying employment.

(b) Relief under this section, in respect of a qualifying employment, shall not be granted—

(i) in respect of a second-mentioned deduction which relates to a chargeable period or part of a chargeable period outside the qualifying period in relation to such qualifying employment, or

(ii) if the claimant or the qualifying individual is benefiting, or has benefited, under an employment scheme, whether statutory or otherwise.

(c) For the purposes of this section, an activity, programme or course mentioned in section 472A(1)(b)(i) shall be deemed not to be an employment scheme.

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(3) This section shall cease to have effect in respect of all claims relating to—

(a) emoluments payable in respect of an employment commencing on or after such day as the Minister for Finance may by order appoint, and

(b) the employer’s contribution to the Social Insurance Fund payable, in respect of those emoluments, under the Social Welfare Acts.

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Inserted by FA98 s16(a).

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Inserted by FA13 s7(1). With effect from 1 July 2013 per S.I. No. 229 of 2013.