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Table of Contents
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Document Overview
AI Summary of 597AA. Revised entrepreneur relief
Defines terms relevant to capital gains relief for business disposals: '51 per cent subsidiary' (per s9(1)(a)); 'development land' (per s648); 'group' as a holding company and its 51 per cent subsidiaries; 'holding company' whose business is wholly or mainly holding those shares; 'qualifying business' excluding holding assets as investments, development land or land development/letting; 'qualifying group' where each 51 per cent subsidiary carries on a qualifying business; 'qualifying person' as a director or employee spending not less than 50 per cent of working time in a managerial or technical capacity and serving continuously for 3 years in the 5 years before disposal; 'relevant company' and 'relevant individual' defined by beneficial ownership periods; 'working time' specified; periods under sections 586 and 587 are taken into account for qualifying periods.
'Chargeable business asset' comprises assets (including goodwill) used in a qualifying business and holdings of ordinary shares where an individual has owned not less than 5 per cent of the ordinary shares for a continuous period of not less than 3 years and is a qualifying person. Exclusions include investment holdings, development land, assets producing no chargeable gains, and certain disposals to companies where the individual is connected immediately after (subject to subsection (8)). A relevant individual’s chargeable gains are taxed at 10 per cent; disposals 1 Jan 2016–31 Dec 2025 attract 10 per cent on aggregated gains up to €1,000,000 with excess taxed at the rate in section 28(3), and disposals on or after 1 Jan 2026 use aggregation rules with a €1,500,000 threshold. Section 597A applies where it gives a lower tax liability; section 600 proportionality, an anti‑avoidance rule on connection, and a bona fide commercial reasons exception are provided as specified.
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597AA. Revised entrepreneur relief
(a) In this section -
'51 per cent subsidiary' has the same meaning as it has in section 9(1)(a);
'development land' has the same meaning as it has in section 648;
'group' means a holding company and all companies which are 51 per cent subsidiaries of the holding company;
'holding company' means a company -
(i) that holds shares in other companies, all of which are its 51 per cent subsidiaries, and
(ii) whose business consists wholly or mainly of the holding of shares in the subsidiaries referred to in subparagraph (i);
'qualifying business' means a business other than -
(a) the holding of securities or other assets as investments,
(b) the holding of development land, or
(c) the development or letting of land;