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Change year: 2010

Section 88A Double deduction in respect of certain emoluments

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Amendments

Section 88A inserted by Finance Act 1998 section 16(a).

(1) In this section-

"chargeable period" has the same meaning as in section 321(2);

"emoluments", "employment", "employment scheme", "qualifying employment", and "qualifying individual" have the same meanings, respectively, as in section 472A;

"qualifying period", in relation to a qualifying employment, means the period of 36 months beginning on the date when that employment commences.

(2)(a) Where in the computation of the amount of the profits or gains of a trade or profession for a chargeable period, a person is, apart from this section, entitled to a deduction (in this subsection referred to as "the first-mentioned deduction") on account of-

(i) emoluments payable to a qualifying individual in respect of a qualifying employment, and

(ii) the employer's contribution to the Social Insurance Fund payable, in respect of those emoluments, under the Social Welfare Acts,

that person shall be entitled in that computation to a further deduction (in this subsection referred to as "the second-mentioned deduction") equal to the amount of the first-mentioned deduction as respects that qualifying employment.

(b) Relief under this section, in respect of a qualifying employment, shall not be granted-

(i) in respect of a second-mentioned deduction which relates to a chargeable period or part of a chargeable period outside the qualifying period in relation to such qualifying employment, or

(ii) if the claimant or the qualifying individual is benefiting, or has benefited, under an employment scheme, whether statutory or otherwise.

(c) For the purposes of this section, an activity, programme or course mentioned in section 472A(1)(b)(i) shall be deemed not to be an employment scheme.

What relief can I claim if I employ a person who was previously long-term unemployed?

(1)-(2) You may be entitled to "job assist" relief if you employ a person who immediately prior to becoming employed by you was long-term employed i.e., where you provide a qualifying employment to a qualifying individual....

to read the full commentary

Revenue job assist, Tax Briefing 31, April 1998.

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