Taxes Consolidation Act 1997 section 629C

Company ceasing to be resident on formation of SE or SCE

Section 629C deals with the continued tax obligations of a company that ceases to be Irish resident in the course of forming a European public liability company (SE) or a European Cooperative Society (SCE).

• Where a company ceases to be resident in the State during the formation of an SE by merger or the formation of an SCE, its existing tax obligations are preserved.
• The Tax Acts and Capital Gains Tax Acts continue to apply to any liabilities that accrued and matters that arose before the company ceased to be Irish resident.
• The company is treated as if it were still resident in the State for the purposes of those pre-existing obligations.
• If the company has ceased to exist, the SE or SCE is treated as if it were the original company for the purposes of those obligations.