• Home
  • Tax Law and Commentary Online
  • TCA1997 | Section 747G Tax treatment of relevant UCITS
Change year: 2010

Section 747G Tax treatment of relevant UCITS

Print_icon
Contents Previous section Next section |
Unlock_icon
Sign up to access full section commentary and legislation back years
subscription or 30 day access with no obligation

Amendments

Section 747G inserted by Finance Act 2010 section 31(1)(c) from 3 April 2010.

(1) In this section—

"management company", in relation to a relevant UCITS, means a management company within the meaning of the relevant Directives;

"relevant Directives" means Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 (OJ No. L302 of 17 November 2009, p. 32) on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS), and any Directive amending that Directive;

"relevant profits", in relation to a relevant UCITS, means the profits which would be relevant profits (within the meaning of section 739B) if the relevant UCITS were an investment undertaking (within the meaning of that section);

"relevant UCITS" means an undertaking for collective investment in transferable securities—

(i) to which the relevant Directives apply,

(ii) which is formed under the laws of any of the Member States of the European Union other than the State, and

(iii)(I) the management company of which is authorised under any laws of the State which implement the relevant Directives, and

(II) which, if the management company were not so authorised, would not be liable to tax in the State.

(2) Notwithstanding anything in the Tax Acts and the Capital Gains Tax Acts, a relevant UCITS shall not be chargeable to tax in respect of relevant profits.

Is a relevant UCITS subject to tax?

(1)-(2) A relevant undertaking for collective investment in transferable securities (UCITS) formed under the law of another EU State is not liable to Irish tax solely on the basis that it has a management company that is authorised under Irish law.

(3) An interest in a relevant UCITS shall be treated for the purposes of this Part as an interest in a company, scheme or arrangement specified in section 743(1).

Is an interest in a relevant UCITS considered to be a material interest in an offshore fund?

(3) Yes.

Print_icon
Contents Previous section Next section