Taxes Consolidation Act, 1997 (Number 39 of 1997)
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172C Exemption from dividend withholding tax for certain persons.
(1) Section 172B shall not apply where a company resident in the State makes a relevant distribution to an excluded person.
(2) For the purposes of this Chapter, a person shall be an excluded person in relation to a relevant distribution if the person is beneficially entitled to the relevant distribution and is—
(a) a company resident in the State which has made a declaration to the relevant person in relation to the relevant distribution in accordance with paragraph 3 of Schedule 2A[7]>, but this paragraph is without prejudice to the operation of section 172B(8)<[7],
(b) a pension scheme which has made a declaration to the relevant person in relation to the relevant distribution in accordance with paragraph 4 of Schedule 2A,
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(ba) a qualifying fund manager or a qualifying savings manager who—
(i) is receiving the relevant distribution as income arising in respect of assets held—
(I) in the case of a qualifying fund manager, in an approved retirement fund or an approved minimum retirement fund, and
(II) in the case of a qualifying savings manager, in a special savings incentive account,
and
(ii) has made a declaration to the relevant person in relation to the relevant distribution in accordance with paragraph 4A of Schedule 2A,
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(bb) a PRSA administrator who is receiving the relevant distribution as income arising in respect of PRSA assets, and has made a declaration to the relevant person in relation to the relevant distribution in accordance with paragraph 10 of Schedule 2A,
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(bc) a PEPP provider who is receiving the relevant distribution as income arising in respect of PEPP assets, and has made a declaration to the relevant person in relation to the relevant distribution in accordance with paragraph 12 of Schedule 2A,
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(c) a qualifying employee share ownership trust which has made a declaration to the relevant person in relation to the relevant distribution in accordance with paragraph 5 of Schedule 2A,
(d) a collective investment undertaking which has made a declaration to the relevant person in relation to the relevant distribution in accordance with paragraph 6 of Schedule 2A, [2]>or<[2]
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(da) a person who—
(i) is entitled to exemption from income tax under Schedule F in respect of the relevant distribution by virtue of section 189(2), subsection (2) or (3)(b) of section 189A or section 192(2), and
(ii) has made a declaration to the relevant person in relation to the relevant distribution in accordance with paragraph 6A of Schedule 2A,
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(db) a unit trust to which section 731(5)(a) applies and which has made a declaration to the relevant person in relation to the relevant distribution in accordance with paragraph 11 of Schedule 2A,
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(e) a person who—
(i) is entitled to exemption from income tax under Schedule F in respect of the relevant distribution by virtue of section 207(1)(b), and
(ii) has made a declaration to the relevant person in relation to the relevant distribution in accordance with paragraph 7 of [3]>Schedule 2A.<[3][3]>Schedule 2A,<[3]
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(f) an approved body of persons which—
(i) is entitled to exemption from income tax under Schedule F in respect of the relevant distribution by virtue of section 235(2), and
(ii) has made a declaration to the relevant person in relation to the relevant distribution in accordance with paragraph 7A of Schedule 2A,
or
(g) a designated broker who—
(i) is receiving the relevant distribution as all or part of the relevant income or gains (within the meaning of section 838) of a special portfolio investment account, and
(ii) has made a declaration to the relevant person in relation to the relevant distribution in accordance with paragraph 7B of Schedule 2A.
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(3) For the purposes of subsection (2) and Schedule 2A—
(a) a collective investment undertaking which receives a relevant distribution, [10]>and<[10]
(b) a designated broker who receives a relevant distribution as all or part of the relevant income or gains (within the meaning of section 838) of a special portfolio investment account,
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(c) a qualifying fund manager or a qualifying savings manager who receives a relevant distribution as income arising in respect of assets held—
(i) in the case of a qualifying fund manager, in an approved retirement fund or an approved minimum retirement fund, and
(ii) in the case of a qualifying savings manager, in a special savings incentive account,
and
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(ca) a PRSA administrator who receives a relevant distribution as income arising in respect of PRSA assets,
(cb) a unit trust to which section 731(5)(a) applies which receives a relevant distribution in relation to units in that unit trust,
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(d) the trustees of a qualifying trust (within the meaning of section 189A) who receive a relevant distribution as income arising in respect of the trust funds [15]>(within the meaning of that section)<[15][15]>(within the meaning of that section), and<[15],
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shall be treated as being beneficially entitled to the relevant distribution.
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(e) a PEPP provider who receives a relevant distribution as income arising in respect of PEPP assets,
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Inserted by FA05 s47(1)(b)(i)(II). This section shall apply as on and from 3 February 2005.