S.L. 123.207 Art. 9Exceptions.   S.L. 123.128.

These rules shall not apply where:

(a) the arrangement comprises a securitisation transaction in terms of the Securitisation Transactions

(Deductions) Rules; or

(b) (i) the aggregate arm’s length value of all items of income and expenditure of a revenue nature forming part of cross-border arrangements in the year preceding the year of assessment, does not exceed six million euro (€6,000,000); and

(ii) the aggregate arm’s length value of all items of income and expenditure of a capital nature forming part of cross-border arrangements in the year preceding the year of assessment, does not exceed twenty million euro (€20,000,000): Provided that where the parties to cross-border arrangements referred to in paragraphs (a) and (b), make a request in writing to the Commissioner for the issuance of a determination stipulating that the provisions of these rules shall apply and the Commissioner issues such a determination, the provisions of these rules shall apply as may be determined.