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Change year: 2010

Section 45 Exemption of non-interest-bearing securities

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(1) The excess of the amount received on the redemption of a unit of non-interest-bearing securities issued by the Minister for Finance under section 4 of the Central Fund Act, 1965, over the amount paid for the unit on its issue shall, except where the excess is to be taken into account in computing for the purposes of taxation the profits of a trade, be exempt from tax.

Are redemption gains on government securities exempt from tax?

(1) The gain you receive on the redemption of non-interest bearing Government securities is exempt from tax except in the hands of a bank or dealer in securities.

(2) Subsection (1) shall not apply to issues of securities to which subsection (3) applies made after the 25th day of January, 1984, unless a tender for any such securities was submitted on or before that date.

(3) The securities to which this subsection applies are

(a) non-interest-bearing securities issued by the Minister for Finance at a discount, including Exchequer Bills and Exchequer Notes, and

(b) Agricultural Commodities Intervention Bills issued by the Minister for Agriculture and Food.

When is a redemption gain on government securities not exempt?

(2)-(3) The gain you receive on the redemption of certain non-interest-bearing government securities issued at a discount, including Exchequer Bills, Exchequer Notes, and Agricultural Commodities Intervention Bills is not exempt.

(4)(a) In this subsection, "owner", in relation to securities, means at any time the person who would be entitled, if the securities were redeemed at that time by the issuer, to the proceeds of the redemption.

(b) Notwithstanding subsection (2), where the owner of a security to which subsection (3) applies

(i) sells or otherwise disposes of the security, or

(ii) receives on redemption of the security an amount greater than the amount paid by such owner for that security either on its issue or otherwise,

then, any profit, gain or excess arising to the owner from such sale, disposal or receipt shall be exempt from tax where the owner is not [resident]1 in the State; but this subsection shall not apply in respect of corporation tax chargeable on the income of an Irish branch or agency of a company not resident in the State.

Amendments

1 Substituted by Finance Act 2010 section 35(1)(c) from 4 February 2010.

What conditions do I need to meet for a redemption gain on government securities to be exempt?

(4) The gain you receive on the redemption of certain non-interest-bearing government securities issued at a discount, including Exchequer Bills, Exchequer Notes, and Agricultural Commodities Intervention Bills is exempt if you, the security owner, a...

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