Revenue Note for Guidance
This section is the main operative provision and sets out how relief for contributions by migrant workers to overseas pension plans is to be given. The section also gives the Revenue Commissioners power to obtain, by notice in writing, information from the plan administrator about payments under the plan.
(1) Where in any year of assessment, a relevant migrant member makes contributions to a qualifying overseas pension plan or where contributions are made on the member’s behalf by his or her employer, then, where the relevant migrant member has provided a certificate of contributions to the Revenue Commissioners, relief can be claimed in respect of those contributions. The relief is subject to the same limits etc., that would apply if the plan was an occupational pension scheme, an annuity contract or a PRSA approved by Revenue under Part 30.
(2) The Revenue Commissioners have discretion to treat an individual as meeting the requirements of a relevant migrant member notwithstanding that the three-year test is not met. The purpose of the provision is to ensure that relief is not denied in genuine cases.
(3)(a) The Revenue Commissioners may obtain, by way of notice in writing, information from the administrator of an overseas pension plan about payments under the plan on foot of the irrevocable instruction given to the administrator by the relevant migrant member (as provided for in section 787M(2)(b)).
(3)(b) The information and particulars required will be set out in the notice and the notice will specify the form and manner in which the information is to be provided.
Relevant Date: Finance Act 2020