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Taxes Consolidation Act, 1997 (Number 39 of 1997)

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531AS Universal social charge payable by chargeable persons (within the meaning of Part 41).

(1) Universal social charge payable for a tax year in respect of an individual’s aggregate income for a tax year, being an individual who is a chargeable person (within the meaning of [4]>Part 41<[4][4]>Part 41A<[4]), shall be due and payable in all respects as if it were an amount of income tax due and payable by the chargeable person under the Income Tax Acts, but without regard to [2]>section 1017<[2][2]>section 1017 or 1031C<[2].

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(1A) For the purposes of subsection (1) and, as respects a gain realised by an individual by the exercise of a right to acquire shares in a company, section 128B shall, with any necessary modifications, apply to universal social charge as it applies to income tax and for this purpose—

(a) relevant tax” as referred to in section 128B shall include universal social charge,

(b) ‘B’ in the formula in section 128B(2) shall be the percentage which is equal to the highest rate set out in [8]>column (2) or (3)<[8][8]>column (2) of Part 1 or column (2) of Part 2<[8], as the case may be, of the Table to section 531AN that is in force for the tax year in which the individual realises a gain by the exercise of a right to acquire shares in a company, and

(c) where the Revenue Commissioners are satisfied that the individual is likely to be chargeable to universal social charge for a tax year at a rate other than whichever of the rates set out in [9]>column (2) or (3)<[9][9]>column (2) of Part 1 or column (2) of Part 2<[9], as the case may be, of the Table to section 531AN is the highest such rate, section 128B(14) shall apply as if the reference to the standard rate was a reference to that other rate.

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(2) An individual who, by virtue of section 140, 141, 142, 143, 195, 232, 234, or 664, would not be treated as a chargeable person (within the meaning of [5]>Part 41<[5][5]>Part 41A<[5]) in respect of the individual’s aggregate income for a tax year, shall be treated as such a chargeable person for the purposes of this Part.

(3) Universal social charge may be stated in one sum (in this section referred to as the “aggregated sum”) with the amount of income tax contained in any computation of, or any assessment or assessments to, income tax made by or on such an individual as is referred to in subsection (1).

(4) For the purposes of subsection (2) universal social charge may be so stated as referred to in subsection (3) notwithstanding that there is no amount of income tax contained in the computation, assessment or assessments, and all the provisions of the Tax Acts, other than any such provisions in so far as they relate to the granting of any allowance, deduction or relief, shall apply as if the aggregated sum were a single sum of income tax.

(5) Where universal social charge is payable for the tax year 2011 in respect of an individual’s aggregate income for a tax year, being an individual who is a chargeable person (within the meaning of [6]>Part 41<[6][6]>Part 41A<[6]), [7]>section 958<[7][7]>Chapter 7 of Part 41A<[7] shall apply and have effect as if, in accordance with this Part, universal social charge had been payable for the tax year 2010 and as if income levy had not been payable for that tax year.

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[1]

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Inserted by FA11 s3(1)(a). Applies for the year of assessment 2011 and each subsequent year of assessment.

[2]

[-] [+]

Substituted by F(No.3)A11 sched1(149).

[3]

[+]

Inserted by FA12 s2(6). Deemed to have come into force and takes effect on and from 1 January 2012.

[4]

[-] [+]

Substituted by FA12 sched4(part2)(g).

[5]

[-] [+]

Substituted by FA12 sched4(part2)(g).

[6]

[-] [+]

Substituted by FA12 sched4(part2)(g).

[7]

[-] [+]

Substituted by FA12 sched4(part2)(g).

[8]

[-] [+]

Substituted by FA14 s2(d)(i). Comes into operation on 1 January 2015.

[9]

[-] [+]

Substituted by FA14 s2(d)(ii). Comes into operation on 1 January 2015.