Taxes Consolidation Act 1997 section 533

Location of assets

Section 533 sets out the rules for determining the location (or "situs") of various types of assets for capital gains tax purposes.

  • The location of an asset matters primarily for non-residents and for individuals who are resident but not domiciled in the State, as it determines whether a disposal is within the charge to Irish CGT.
  • Rights over land, buildings and chattels are located where the underlying property is situated; debts are located in the State only if the creditor is resident here.
  • Shares in an Irish-incorporated company are treated as situated in the State, and government or municipal securities are situated in the country of the issuing authority.
  • Ships, aircraft, goodwill, intellectual property and judgment debts each follow specific situs rules based on factors such as the owner's residence, place of registration or place where rights are exercisable.

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