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Change year: 2010

Section 539 Disposals in cases of hire purchase and similar transactions

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[(1)]1 A hire purchase or other transaction under which the use and enjoyment of an asset is obtained by a person for a period at the end of which the property in the asset will or may pass to such person shall be treated for the purposes of the Capital Gains Tax Acts, both in relation to such person and in relation to the person from whom the use and enjoyment of the asset is obtained, as if it amounted to an entire disposal of the asset to such person at the beginning of the period for which such person obtains the use and enjoyment of the asset, but subject to such adjustments of tax, whether by means of repayment or discharge of tax or otherwise, as may be required where the period for which such person has the use and enjoyment of the asset terminates without the property in the asset passing to such person.

Amendments

1 Text renumbered by Finance Act 2008 section 137 and Schedule 6 para 1(g) on and from 31 January 2008.

(2) Subsection (4) or (6) of section 865 shall not prevent the Revenue Commissioners from repaying an amount of tax as a consequence of an adjustment of tax made under this section, where a claim for any such adjustment is made within 4 years from the end of the chargeable period (within the meaning of section 321) in which the termination referred to in subsection (1) occurs.

Amendments

Subs (2) inserted by Finance Act 2008 section 137 and Schedule 6 para 1(g) on and from 31 January 2008.

At what point does a disposal take place in a hire purchase transaction?

(1)-(2) The transfer of ownership of an asset under a hire purchase transaction (or similar lease purchase transaction) is regarded as taking place at the start of the hire period....

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Should I be concerned about CGT in hire purchase transactions?

Capital gains tax situations should arise only very rarely in relation to hire purchase transactions. In the case of the vendor/financier such transactions will normally be reflected in income tax profits, while in the case of the hirer the assets in...

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