Links from Section 10 | ||
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Act | Linked to | Context |
Taxes Consolidation Act, 1997 |
(a) in section 304, by inserting the following subsection after subsection (3): |
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Taxes Consolidation Act, 1997 |
“estimated relevant allowances” means an amount that, based on the best estimate that may reasonably be made, is likely to equal the amount of the relevant allowances when the amount of those allowances is calculated in accordance with section 304(3A); |
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Taxes Consolidation Act, 1997 |
“relevant allowances” has the same meaning as it has in section 304(3A); |
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Taxes Consolidation Act, 1997 |
(2) Subject to subsections (3) and (4), a relevant individual may make a provisional claim for relief under section 395A or 304(3A), as the case may be (in this section referred to as an ‘interim claim’) as if— |
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Taxes Consolidation Act, 1997 |
(b) references to relevant allowances in section 304(3A) were references to estimated relevant allowances. |
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Taxes Consolidation Act, 1997 |
(c) a claim under section 395A or 304(3A), as the case may be, shall be made by the specified return date for the tax year in which the relevant loss is sustained or relevant allowances are claimed (in this section referred to as the ‘final claim’), as the case may be, and if no such claim is made by that date then, where the amounts of the relevant loss and the relevant allowances that would be subject to such a claim are not lower than the estimated relevant loss and the estimated relevant allowances upon which the interim claim was made, the interim claim shall be deemed to be a final claim. |
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Taxes Consolidation Act, 1997 |
“relevant allowances” has the same meaning as it has in section 304(3A); |
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Taxes Consolidation Act, 1997 |
“specified individual” means an individual to whom Chapter 2A of Part 15 applies, prior to making a claim under this Chapter or section 304(3A). |
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Taxes Consolidation Act, 1997 |
(2) Subject to subsections (3) and (4), the total amount of relevant losses and relevant allowances in respect of which an individual carrying on a trade or profession may claim relief in the year of assessment 2019 under this Chapter and section 304(3A) shall not exceed €25,000. |
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Taxes Consolidation Act, 1997 |
(4) The restriction referred to in subsection (3) is that the total amount that may be claimed under this Chapter and section 304(3A) shall be limited such that there shall be no reduction in the amount of any other relief used, within the meaning of section 485C(2)(a), in respect of the year of assessment 2019 prior to claims being made under this Chapter or section 304(3A).”, |
|
Taxes Consolidation Act, 1997 |
(4) The restriction referred to in subsection (3) is that the total amount that may be claimed under this Chapter and section 304(3A) shall be limited such that there shall be no reduction in the amount of any other relief used, within the meaning of section 485C(2)(a), in respect of the year of assessment 2019 prior to claims being made under this Chapter or section 304(3A).”, |
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Taxes Consolidation Act, 1997 |
(2) Where an individual carrying on a trade or profession, either solely or in partnership, has sustained a loss in the relevant period in respect of which that individual could, but for the making of a claim under subsection (3), make a claim to carry forward such loss under section 382, (in this section referred to as the ‘relevant loss’) the individual may make a claim under subsection (3). |
|
Taxes Consolidation Act, 1997 |
(b) in Part 12, by inserting the following Chapter after section 395: |
|
Taxes Consolidation Act, 1997 |
“estimated relevant loss” means an amount that, based on the best estimate that may reasonably be made, is likely to equal the amount of the relevant loss when the amount of that loss is calculated in accordance with section 395A; |
|
Taxes Consolidation Act, 1997 |
(2) Subject to subsections (3) and (4), a relevant individual may make a provisional claim for relief under section 395A or 304(3A), as the case may be (in this section referred to as an ‘interim claim’) as if— |
|
Taxes Consolidation Act, 1997 |
(a) references to relevant losses in section 395A were references to estimated relevant losses, and |
|
Taxes Consolidation Act, 1997 |
(c) a claim under section 395A or 304(3A), as the case may be, shall be made by the specified return date for the tax year in which the relevant loss is sustained or relevant allowances are claimed (in this section referred to as the ‘final claim’), as the case may be, and if no such claim is made by that date then, where the amounts of the relevant loss and the relevant allowances that would be subject to such a claim are not lower than the estimated relevant loss and the estimated relevant allowances upon which the interim claim was made, the interim claim shall be deemed to be a final claim. |
|
Taxes Consolidation Act, 1997 |
(c)(i) Subject to section 395C, an individual may make a claim under this paragraph to have any portion of the relevant allowances carried back and that portion shall, for the purpose of making the assessment to income tax for the year 2019, be added to the amount of the allowances to be made under this Part in taxing the trade for that year. |
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Taxes Consolidation Act, 1997 |
(3) Subject to section 395C, an individual may make a claim under this subsection to have any portion of the relevant loss carried back and deducted from or set off against the amount of profits or gains on which the individual is assessed under Schedule D in respect of the trade or profession concerned for the year of assessment 2019 and, on the making of the claim, the relief shall be given as a deduction from or set off against the amount of those profits or gains. |
|
Taxes Consolidation Act, 1997 |
(4) The restriction referred to in subsection (3) is that the total amount that may be claimed under this Chapter and section 304(3A) shall be limited such that there shall be no reduction in the amount of any other relief used, within the meaning of section 485C(2)(a), in respect of the year of assessment 2019 prior to claims being made under this Chapter or section 304(3A).”, |
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Taxes Consolidation Act, 1997 |
“specified allowance” means an allowance referred to in section 531AU(2); |
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Taxes Consolidation Act, 1997 |
(c) in section 657— |
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Taxes Consolidation Act, 1997 |
“return” has the same meaning as it has in section 959A; |
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Taxes Consolidation Act, 1997 |
“specified return date for the tax year” has the same meaning as it has in section 959A; |
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Taxes Consolidation Act, 1997 |
(b) Subject to paragraph (c), for the purpose of the application of subsection (3) of section 959AO in determining whether an amount of preliminary tax has been paid by the individual in accordance with that subsection, no account shall be taken of any amount of tax repaid to the individual pursuant to this section. |
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Taxes Consolidation Act, 1997 |
(5) Subject to section 959V, where subsequent to making an interim claim— |
|
Taxes Consolidation Act, 1997 |
(b) any amount of tax that would have been repaid to the individual in respect of the excess claim but for the offset of that tax against any other liability of the individual in accordance with section 960H. |
|
Taxes Consolidation Act, 1997 |
(i) then, subject to subparagraph (ii), the tax repaid in respect of the excess claim shall carry interest as determined in accordance with section 1080(2)(c) as if a reference to the date when the tax became due and payable were a reference to the date the amount was repaid by the Revenue Commissioners or offset in accordance with section 960H, as the case may be, |
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Taxes Consolidation Act, 1997 |
(ii) where the interim claim was made neither deliberately nor carelessly (within the meaning of section 1077E) and the individual, without unreasonable delay upon it coming to the individual’s notice that the claim is overstated, reduces the claim by such amount as is necessary to ensure it is no longer overstated, the tax repaid in respect of the excess claim shall carry interest as determined in accordance with section 1080(2) (c) as if a reference to the date when the tax became due and payable were a reference to the date the claim was reduced. |
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Taxes Consolidation Act, 1997 |
(c) Paragraph (b) shall not apply where an individual makes an interim claim in a return to which subsection (2) or (5), as the case may be, of section 1077E applies. |
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Taxes Consolidation Act, 1997 |
(i) then, subject to subparagraph (ii), the tax repaid in respect of the excess claim shall carry interest as determined in accordance with section 1080(2)(c) as if a reference to the date when the tax became due and payable were a reference to the date the amount was repaid by the Revenue Commissioners or offset in accordance with section 960H, as the case may be, |
|
Taxes Consolidation Act, 1997 |
(ii) where the interim claim was made neither deliberately nor carelessly (within the meaning of section 1077E) and the individual, without unreasonable delay upon it coming to the individual’s notice that the claim is overstated, reduces the claim by such amount as is necessary to ensure it is no longer overstated, the tax repaid in respect of the excess claim shall carry interest as determined in accordance with section 1080(2) (c) as if a reference to the date when the tax became due and payable were a reference to the date the claim was reduced. |
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Taxes Consolidation Act, 1997 |
“the Acts” has the same meaning as it has in section 1095; |
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Links to Section 10 (from within TaxSource Total) | ||
None |