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Version status: Repealed | Document consolidation status: Updated to reflect all known changes
Version date: 10 May 1997 - onwards

44. Tax on non-resident company recoverable from another member of group or from controlling director.

As of 6 April 1997 this text has repealed

(1) In this section -

"chargeable period" means a year of assessment or an accounting period, as the case may be;

"controlling director", in relation to a company, means a director of the company who has control of it (construing control in accordance with section 102 of the Corporation Tax Act, 1976);

"director", in relation to a company, has the meaning given by section 119(1) of the Income Tax Act, 1967, and includes any person falling within section 103(5) of the Corporation Tax Act, 1976;

"group" has the meaning which would be given by section 129 of the Corporation Tax Act, 1976, if in that section references to residence in the State were omitted and for references to "75 per cent. subsidiaries" there were substituted references to "51 per cent. subsidiaries", and references to a company being a member of a group shall be construed accordingly;

"specified period", in relation to a chargeable period, means the period beginning with the specified return date for the chargeable period (within the meaning of section 9 of the Finance Act, 1988) and ending 3 years after the time when a return under section 10 of the Finance Act, 1988, for the chargeable period is delivered to the appropriate inspector (within the meaning of the said section 9);

"tax" means corporation tax or capital gains tax, as the case may be.