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Taxes Consolidation Act, 1997 (Number 39 of 1997)

521 Accountable persons.

[FA87 s14; FA92 s11(1)]

(1) In this Chapter, “accountable person” means, subject to subsection (2), a person specified in Schedule 13.

[1]>

(2) Where any of the persons specified in Schedule 13 is a body corporate, “accountable person” includes any subsidiary of that body corporate where such subsidiary is resident in the State and, for the purposes of this subsection, “subsidiary” has the meaning assigned to it by section 155 of the Companies Act, 1963.

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(2) Where any of the persons specified in Schedule 13 is a body corporate, “accountable person” includes—

(a) any subsidiary of that body corporate where such subsidiary is resident in the State and, for the purposes of this subsection, ‘subsidiary’ has the meaning assigned to it by [2]>section 155 of the Companies Act 1963<[2][2]>section 7 of the Companies Act 2014<[2], and

(b) a company, resident in the State, of which more than one accountable person are members if the accountable persons—

(i) control the composition of its board of directors,

(ii) hold more than half in nominal value of its equity share capital, or

(iii) hold more than half in nominal value of its shares carrying voting rights (other than voting rights which arise only in specified circumstances).

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(3) For the purposes of this Chapter, the Minister for Finance may by regulations extend or restrict the meaning of “accountable person” by adding or deleting one or more persons to or from, as the case may be, the list of persons specified in Schedule 13.

(4) Where regulations are proposed to be made under subsection (3), a draft of the regulations shall be laid before Dáil Éireann and the regulations shall not be made until a resolution approving of the draft has been passed by Dáil Éireann.

[1]

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Substituted by F(No.2)A13 s17(1)(a). Comes into operation on 1 January 2014.

[2]

[-] [+]

Substituted by FA17 sched2(1)(w). Deemed to have come into operation on 1 June 2015.