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Taxes Consolidation Act, 1997 (Number 39 of 1997)

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Chapter 8A

Dividend withholding tax

172A Interpretation.

(1) (a) In this Chapter and in Schedule 2A

American depositary receipt” has the same meaning as in section 207 of the Finance Act, 1992;

[3]>

approved body of persons” has the same meaning as in section 235;

<[3]

[7]>

approved minimum retirement fund” has the same meaning as in section 784C;

approved retirement fund” has the same meaning as in section 784A;

<[7]

auditor”, in relation to a company, means the person or persons appointed as [31]>auditor of the company for the purposes of the Companies Acts, 1963 to 1990<[31][31]>statutory auditor of the company for the purposes of the Companies Act 2014<[31], or under the law of the territory in which the company is incorporated and which corresponds to those Acts;

authorised withholding agent”, in relation to a relevant distribution, has the meaning assigned to it by section 172G;

[6]>

collective investment undertaking” means—

(i) a collective investment undertaking within the meaning of section 734, or

(ii) an undertaking for collective investment within the meaning of section 738,

not being an offshore fund within the meaning of section 743;

<[6]

[6]>

collective investment undertaking” means—

(i) a collective investment undertaking within the meaning of section 734,

(ii) an undertaking for collective investment within the meaning of section 738, [12]>or<[12]

(iii) an investment undertaking within the meaning of section 739B (inserted by the Finance Act, 2000), [13]>or<[13]

[14]>

(iv) a common contractual fund within the meaning of section 739I (inserted by the Finance Act 2005),

<[14]

not being an offshore fund within the meaning of section 743;

<[6]

[4]>

designated broker” has the same meaning as in section 838;

<[4]

dividend withholding tax”, in relation to a relevant distribution, means a sum representing income tax on the amount of the relevant distribution at the standard rate in force at the time the relevant distribution is made;

[30]>

EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by all subsequent amendments to that Agreement;

EEA state” means a state which is a contracting party to the EEA Agreement;

<[30]

[16]>

electronic dividend voucher” means a statement in electronic format that satisfies the requirements of section 172I(1A)(a);

electronic number” means a unique number on an electronic dividend voucher;

<[16]

excluded person”, in relation to a relevant distribution, has the meaning assigned to it by section 172C(2);

intermediary” means a person who carries on a trade which consists of or includes—

(i) the receipt of relevant distributions from a company or companies resident in the State, or

(ii) the receipt of amounts or other assets representing such distributions from another intermediary or intermediaries,

on behalf of other persons;

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ISI Number”, in relation to a security issued by a company, means that security’s unique International Securities Identification Number (ISIN) issued by the Irish Stock Exchange Limited or by an equivalent authority in a relevant territory;

<[17]

non-liable person”, in relation to a relevant distribution, means the person beneficially entitled to the relevant distribution, being an excluded person or a qualifying non-resident person;

pension scheme” means an exempt approved scheme within the meaning of section 774 or a retirement annuity contract or a trust scheme to which section 784 or 785 applies;

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PRSA administrator” has the same meaning as in section 787A;

PRSA assets” has the same meaning as in section 787A;

<[15]

qualifying employee share ownership trust” means an employee share ownership trust which the Revenue Commissioners have approved of as a qualifying employee share ownership trust in accordance with Schedule 12 and which approval has not been withdrawn;

[8]>

qualifying fund manager” has the same meaning as in section 784A;

<[8]

qualifying intermediary”, in relation to a relevant distribution, has the meaning assigned to it by section 172E;

qualifying non-resident person”, in relation to a relevant distribution, has the meaning assigned to it by section 172D(3);

[9]>

qualifying savings manager” has the same meaning as in section 848B (inserted by the Finance Act, 2001);

<[9]

[18]>

recipient ID code”, in relation to the recipient of a dividend, means the unique code on an electronic dividend voucher that identifies that recipient;

<[18]

relevant distribution” means—

[2]>

(i) a distribution within the meaning of paragraph 1 of Schedule F in section 20(1), other than such a distribution made to a Minister of the Government in his or her capacity as such Minister, and

<[2]

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(i) a distribution within the meaning of paragraph 1 of Schedule F in section 20(1), other than such a distribution made to—

(I) a Minister of the Government in his or her capacity as such Minister, or

(II) the National Pensions Reserve Fund Commission, and

<[2]

<[23]

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(i) a distribution within the meaning of paragraph 1 of Schedule F in section 20(1), other than such a distribution made to—

(I) a Minister of the Government in his or her capacity as such a Minister,

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(IA) the National Treasury Management Agency,

(IB) a Fund investment vehicle (within the meaning of section 37 of the National Treasury Management Agency (Amendment) Act 2014) of which the Minister for Finance is the sole beneficial owner,

<[27]

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(II) the National Pensions Reserve Fund [24]>Commission, or<[24][24]>Commission,<[24]

<[28]

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(III) a Commission investment vehicle (within the meaning given by section 2 of the National Pensions Reserve Fund Act 2000 (as amended by section 2 of the Investment of the National Pensions Reserve Fund and Miscellaneous Provisions Act 2009)),

<[29]

<[23]

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(IIIA)the Strategic Banking Corporation of Ireland or a subsidiary wholly owned by it or a subsidiary wholly owned by any such subsidiary,

<[26]

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(IV) the National Asset Management Agency, or a company referred to in section 616(1)(g), and

<[25]

(ii) any amount assessable and chargeable to tax under Case IV of Schedule D by virtue of section 816;

relevant person”, in relation to a relevant distribution, means—

(i) where the relevant distribution is made by a company directly to the person beneficially entitled to the distribution, the company making the relevant distribution, and

(ii) where the relevant distribution is not made by the company directly to the person beneficially entitled to the relevant distribution but is made to that person through one or more than one qualifying intermediary, the qualifying intermediary from whom the relevant distribution, or an amount or other asset representing the relevant distribution, is receivable by the person beneficially entitled to the distribution;

relevant territory” means—

(i) a Member State of the European Communities other than the State, [20]>or<[20]

(ii) not being such a Member State, a territory with the government of which arrangements having the force of law by virtue of [11]>section 826<[11][19]>[11]>section 826(1)(a)<[11]<[19][19]>section 826(1)<[19] [21]>have been made;<[21][21]>have been made, or<[21]

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(iii) not being a territory referred to in subparagraph (i) or (ii), a territory with the government of which arrangements have been made which on completion of the procedures set out in section 826(1) will have the force of law;

<[22]

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special portfolio investment account” has the same meaning as in section 838;

<[5]

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special savings incentive account” has the same meaning as in section 848M (inserted by the Finance Act, 2001);

<[10]

specified person”, in relation to a relevant distribution, means the person to whom the relevant distribution is made, whether or not that person is beneficially entitled to the relevant distribution;

tax”, in relation to a relevant territory, means any tax imposed in that territory which corresponds to income tax or corporation tax in the State;

tax reference number” has the same meaning as in section 885.

(b) In this Chapter and in Schedule 2A, references to the making of a relevant distribution by a company, or to a relevant distribution to be made by a company, or to the receipt of a relevant distribution from a company do not include, respectively, references to the making of a relevant distribution by a collective investment undertaking, or to a relevant distribution to be made by a collective investment undertaking, or to the receipt of a relevant distribution from a collective investment undertaking.

(2) For the purposes of this Chapter, the amount of a relevant distribution shall be an amount equal to—

(a) where the relevant distribution consists of a payment in cash, the amount of the payment,

(b) where the relevant distribution consists of an amount which is treated under section 816 as a distribution made by a company, the amount so treated,

(c) where the relevant distribution consists of an amount which is assessable and chargeable to tax under Case IV of Schedule D by virtue of section 816, the amount so assessable and chargeable, and

(d) where the relevant distribution consists of a non-cash distribution, not being a relevant distribution to which paragraph (b) or (c) applies, an amount which is equal to the value of the distribution,

and a reference in this Chapter to the amount of a relevant distribution shall be construed as a reference to the amount which would be the amount of the relevant distribution if no dividend withholding tax were to be deducted from the relevant distribution.

(3) Schedule 2A shall have effect for the purposes of supplementing this Chapter.

<[1]

[1]

[+]

Inserted by FA99 s27(a).

[2]

[-] [+]

Substituted by NPRF00 s30(a).

[3]

[+]

Inserted by FA00 s30(1)(a)(i).

[4]

[+]

Substituted by FA00 s59.

[5]

[+]

Inserted by FA00 s30(1)(a)(i).

[6]

[-] [+]

Substituted by FA00 s59.

[7]

[+]

Inserted by FA01 s43(1)(a)(i).

[8]

[+]

Inserted by FA01 s43(1)(a)(ii).

[9]

[+]

Inserted by FA01 s43(1)(a)(iii).

[10]

[+]

Inserted by FA01 s43(1)(a)(iv).

[11]

[-] [+]

Substituted by FA04 sched3(1)(f). This section shall have effect as on and from 25 March 2004

[12]

[-]

Deleted by FA05 s44(a)(i).

[13]

[+]

Inserted by FA05 s44(a)(ii).

[14]

[+]

Inserted by FA05 s44(a)(iii).

[15]

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Inserted by FA05 s47(1)(a). This section shall apply as on and from 3 February 2005.

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Inserted by FA07 s38(1)(a)(i). Applies as respects any relevant distribution made on or after 1 February 2007.

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Inserted by FA07 s38(1)(a)(ii). Applies as respects any relevant distribution made on or after 1 February 2007.

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Inserted by FA07 s38(1)(a)(iii). Applies as respects any relevant distribution made on or after 1 February 2007.

[19]

[-] [+]

Substituted by FA07 sched2(1)(f). Has effect as on and from 2 April 2007

[20]

[-]

Deleted by F(No.2)A08 s33(c)(i). This section is deemed to have come into force and takes effect as on and from 1 January 2009.

[21]

[-] [+]

Substituted by F(No.2)A08 s33(c)(i). This section is deemed to have come into force and takes effect as on and from 1 January 2009.

[22]

[+]

Inserted by F(No.2)A08 s33(c)(ii). This section is deemed to have come into force and takes effect as on and from 1 January 2009.

[23]

[-] [+]

Substituted by the Investment of the National Pensions Reserve Fund and Miscellaneous Provisions Act 2009 s9(a). With effect from 30 March 2009 per SI No. 102 of 2009.

[24]

[-] [+]

Substituted by National Asset Management Agency Act 2009 Sched 3 part 10.

[25]

[+]

Inserted by the National Asset Management Agency Act 2009 Sched 3 part 10.

[26]

[+]

Inserted by SBCoIA14 part7(1)(a). Does not apply in circumstances where the Minister does not hold all of the shares in the SBCI.

[27]

[+]

Inserted by NTMA(A)A14 part4(2a).

[28]

[-]

Deleted by NTMA(A)A14 part4(2b).

[29]

[-]

Deleted by NTMA(A)A14 part4(2c).

[30]

[+]

Inserted by FA15 sched(1). Comes into operation on 21 December 2015.

[31]

[-] [+]

Substituted by FA17 sched2(1)(f). Deemed to have come into operation on 1 June 2015.