Finance Act 2010
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Amendment of section 731 (chargeable gains accruing to unit trusts) of Principal Act. |
30.— (1) Section 731 of the Principal Act is amended in subsection (5) by substituting the following for paragraph (a)— | |
“(a) (i) Where throughout a year of assessment all the issued units in a unit trust which neither is, nor is deemed to be, an authorised unit trust scheme (within the meaning of the Unit Trusts Act 1990 ) are assets such that if those units were disposed of by the unit holder any gain accruing would be wholly exempt from capital gains tax (otherwise than by reason of residence or by virtue of section 739(3)), then gains accruing to the unit trust in that year shall not be chargeable gains. | ||
(ii) Where the trustees, or any persons duly authorised to act on their behalf, of a unit trust to which subparagraph (i) applies are satisfied that, throughout a year of assessment, all the issued units in the unit trust are assets referred to in subparagraph (i), then they shall, in respect of that year of assessment, make a declaration to that effect. | ||
(iii) The trustees, or any persons duly authorised to act on their behalf, of every unit trust to which subparagraph (i) applies shall in respect of each year of assessment, on or before 28 February in the year following the year of assessment, make a statement to the Revenue Commissioners in electronic format approved by them, which in respect of that year of assessment— | ||
(I) states whether a declaration as referred to in subparagraph (ii) has, or has not, been made, and | ||
(II) specifies in respect of each person who is a unit holder— | ||
(A) the name and address of the person, and | ||
(B) such other information as the Revenue Commissioners may require. | ||
(iv) Where the trustees, or any persons duly authorised to act on their behalf, of a unit trust— | ||
(I) make an incorrect or incomplete statement under subparagraph (iii), or | ||
(II) fail, without reasonable excuse, to make such a statement, | ||
then the trustees of that unit trust shall be liable to a penalty of €3,000. For the purposes of the recovery of a penalty under this subparagraph, section 1061 shall apply in the same manner as it applies for the purposes of the recovery of a penalty under any of the sections referred to in that section.”. | ||
(2) This section shall apply for the year of assessment 2010 and subsequent years of assessment. |