Taxes Consolidation Act, 1997 (Number 39 of 1997)
18 Schedule D.
[ITA67 s52 and s53; FA69 s33(1) and Sch4 Pt I, s65(1) and Sch5 Pt I]
(1) The Schedule referred to as Schedule D is as follows:
1. Tax under this Schedule shall be charged in respect of—
(a) the annual profits or gains arising or accruing to—
(i) any person residing in the State from any kind of property whatever, whether situate in the State or elsewhere,
(ii) any person residing in the State from any trade, profession, or employment, whether carried on in the State or elsewhere,
(iii) any person, whether a citizen of Ireland or not, although not resident in the State, from any property whatever in the State, or from any trade, profession or employment exercised in the State, and
(iv) any person, whether a citizen of Ireland or not, although not resident in the State, from the sale of any goods, wares or merchandise manufactured or partly manufactured by such person in the State,
(b) all interest of money, annuities and other annual profits or gains not charged under Schedule C or Schedule E, and not specially exempted from tax,
2. Profits or gains arising or accruing to any person from an office, employment or pension shall not by virtue of paragraph 1 be chargeable to tax under this Schedule unless they are chargeable to tax under Case III of this Schedule.
(2) Tax under Schedule D shall be charged under the following Cases:
Case I — Tax in respect of—
(a) any trade;
(b) profits or gains arising out of lands, tenements and hereditaments in the case of any of the following concerns—
(i) quarries of stone, slate, limestone or chalk, or quarries or pits of sand, gravel or clay,
(ii) mines of coal, tin, lead, copper, pyrites, iron and other mines, and
(iii) ironworks, gasworks, salt springs or works, alum mines or works, waterworks, streams of water, canals, inland navigations, docks, drains or levels, fishings, rights of markets and fairs, tolls, railways and other ways, bridges, ferries and other concerns of the like nature having profits from or arising out of any lands, tenements or hereditaments;
Case II — Tax in respect of any profession not contained in any other Schedule;
Case III — Tax in respect of—
(a) any interest of money, whether yearly or otherwise, or any annuity, or other annual payment, whether such payment is payable in or outside the State, either as a charge on any property of the person paying the same by virtue of any deed or will or otherwise, or as a reservation out of it, or as a personal debt or obligation by virtue of any contract, or whether the same is received and payable half-yearly or at any shorter or more distant periods, but not including any payment chargeable under Case V of Schedule D;
(b) all discounts;
(c) profits on securities bearing interest payable out of the public revenue other than those charged under Schedule C;
(d) interest on any securities issued, or deemed within the meaning of section 36 to be issued, under the authority of the Minister for Finance, in cases where such interest is paid without deduction of tax;
(e) income arising from securities outside the State except such income as is charged under Schedule C;
(f) income arising from possessions outside the State;
Case IV — Tax in respect of any annual profits or gains not within any other Case of Schedule D and not charged by virtue of any other Schedule;
Case V — Tax in respect of any rent in respect of any premises or any receipts in respect of any easement;
and subject to and in accordance with the provisions of the Income Tax Acts applicable to those Cases respectively.
(3) This section is without prejudice to any other provision of the Income Tax Acts directing tax to be charged under Schedule D or under one or other of the Cases mentioned in subsection (2), and tax so directed to be charged shall be charged accordingly.