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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 27 March 1998 - onwards

67. Amendment of section 538 (disposals where assets lost or destroyed or become of negligible value) of Principal Act.

(1) Section 538 of the Principal Act is hereby amended by the insertion after subsection (2) of the following subsection:

"(2A)

(a) Where as a result of the dissolution of a body corporate, property of the body corporate becomes property of the State by virtue of Part III of the State Property Act, 1954, and the Minister for Finance, in accordance with that Part of that Act, waives the right of the State to that property in favour of a person who holds or has held shares in the body corporate, then, notwithstanding section 31 and subject to paragraph (c), any allowable loss (in this subsection referred to as a 'claimed loss') accruing to the person by virtue of a claim made under subsection (2) in respect of those shares shall not be allowable as a deduction from chargeable gains in any year of assessment earlier than the year of assessment in which the property is disposed of by the person and any necessary adjustments may be made by way of assessment or additional assessment to give effect to this paragraph.

(b) Paragraph (a) shall apply in relation to a body corporate which has no share capital as if references to shares included references to any interest in the body corporate possessed by members of the body corporate.

(c) For the purposes of paragraph (a) -