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Taxes Consolidation Act, 1997 (Number 39 of 1997)

241 Income tax on payments by non-resident companies.

[FA90 s51(1) and (2)]

(1) This section shall apply in relation to an accounting period of a company not resident in the State if the company is—

(a) required by virtue of section 238(3) to deliver an account to the Revenue Commissioners, and

(b) within the charge to corporation tax in respect of the accounting period.

(2) Where this section applies in relation to an accounting period of a company, then—

(a) the company shall make a return to the inspector of—

(i) payments made by the company in the accounting period and in respect of which income tax is required to be deducted by virtue of [1]>section 238(2)<[1][1]>section 238(2) or 246(2)<[1], and

(ii) the tax deducted out of those payments by virtue of [2]>section 238(2)<[2][2]>section 238(2) or 246(2)<[2],

[3]>

and

<[3]

[4]>

(b) income tax in respect of which a return is to be made under paragraph (a) shall, for the purposes of the charge, assessment, collection and recovery from the company making the payments of that tax and of any interest or penalties on that tax, be treated as if it were corporation tax chargeable for the accounting period for which the return is required under paragraph (a).

<[4]

[4]>

(b) section 239(5) shall apply to income tax in respect of payments referred to in paragraph (a), and

(c) income tax in respect of which a return is to be made under paragraph (a) shall, for the purposes of the charge, assessment, collection and recovery from the company making the payments of that tax and of any interest or penalties on that tax, be treated as if it were corporation tax chargeable for the accounting period for which the return is required under paragraph (a).

<[4]

[1]

[-] [+]

Substituted by FA12 s43(2)(a). Deemed to have come into force and takes effect on and from 1 January 2012.

[2]

[-] [+]

Substituted by FA12 s43(2)(b). Deemed to have come into force and takes effect on and from 1 January 2012.

[3]

[-]

Deleted by FA12 s43(2)(c). Deemed to have come into force and takes effect on and from 1 January 2012.

[4]

[-] [+]

Substituted by FA12 s43(2)(d). Deemed to have come into force and takes effect on and from 1 January 2012.