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Taxes Consolidation Act, 1997 (Number 39 of 1997)


705NBreach of conditions regarding distributions.

Where for an accounting period a REIT or group REIT does not comply with the provisions of [2]>section 705B(1)(b)(iv)<[2][2]>section 705B(1)(b)(vi)<[2] in respect of the requirement to distribute at least 85 per cent of its property income—

(a) the REIT or the principal company of the group REIT, as the case may be, shall be charged to corporation tax under Case IV of Schedule D in respect of an amount calculated by subtracting the amount of property income distributed in respect of that accounting period from the amount equal to 85 per cent of the property income of that accounting period, and

(b) no loss, deficit, expense or allowance may be set off against the first-mentioned amount in paragraph (a) in charging that amount to corporation tax,

but, where a company is restricted from making a distribution by reason of any provision of the Companies Acts, regard shall be had to such restriction in determining the amount, if any, chargeable to tax by virtue of paragraph (a).




Inserted by FA13 s41(c). Deemed to have come into force and takes effect on and from 1 January 2013.


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Substituted by F(No.2)A13 s36(d). Comes into operation on 1 January 2014.