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Exceptions from charge to tax under section 18.
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19.—(1) Neither subsection (1) nor subsection (2) of section 18 shall apply where the retirement benefits scheme in question is—
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(a) an approved scheme, or
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(b) a statutory scheme, or
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(c) a scheme set up by a Government outside the State for the benefit, or primarily for the benefit, of its employees.
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(2) Neither subsection (1) nor subsection (2) of section 18 shall apply for any year of assessment where, apart from those subsections, the employee is, under the provisions of the Income Tax Acts, either not assessable to income tax in respect of the emoluments of his employment or is so assessable in respect thereof on the basis of the amount received in the State.
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(3) Where, in respect of the provision for an employee of any relevant benefits, a sum has been deemed to be income of his by virtue either of subsection (1) or subsection (2) of section 18, and subsequently the employee proves to the satisfaction of the Commissioners that no payment in respect of, or in substitution for, the benefits has been made and that some event has occurred by reason of which no such payment will be made, and makes application for relief under this subsection within six years from the time when that event occurred, the Commissioners shall give relief in respect of tax on that sum by repayment or otherwise as may be appropriate; and if the employee satisfies the Commissioners as aforesaid in relation to some particular part of the benefits but not the whole thereof, the Commissioners may give such relief as may seem to them just and reasonable.
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