This is another Revenue document, but I am not sure what it is.
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9.2 On a strict interpretation a loss arising on a deemed disposal under s 538(2) is allowable only in the year of claim. However, in practice, a claim made within twelve months of the end of the year of assessment or accounting period for which relief is sought will be admitted, provided that the asset was of negligible value in the year of assessment or account period concerned.
9.3 Where, resulting from the provisions of the Anglo Irish Bank Corporation Act 2009, shares in Anglo Irish Bank are transferred to the Minister for Finance, there will be a disposal to which Section 538 TCA 1997 applies.
Where a claim is made, the shares will be treated as of negligible value and a loss for 2009 may be calculated. If it later transpires that compensation is received, under the terms of the Act, in respect of the transferred shares, this will be treated, under Section 535 TCA 1997, as consideration for a disposal at time of receipt. In such a case, if a negligible value claim was made earlier, there will be no base cost and any chargeable gain arising shall be computed accordingly. If a negligible value claim was not made, the costs of acquisition of the shares transferred will be the base cost to be set against any compensation proceeds. In this instance, no separate claim need be made. If the loss is being claimed for 2009, it may be set against other gains, as appropriate, in arriving at Capital Gains Tax due on 15 December In making any Capital Gains Tax return or in completing the CGT panel of an Income Tax return, the loss may be used without separate comment.