739QRepayment of IREF withholding tax

(1) In this section, “relevant person” means a specified person, who during an accounting period was subject to withholding tax on an IREF taxable event and would but for section 739P be entitled to a repayment of tax.

(2)Notwithstanding section 739P(5) and subject to section 739T, repayment of withholding tax in respect of an IREF taxable event shall be made to a relevant person to the extent provided for in an arrangement made with the government of a territory outside the State having the force of law under the procedures set out in section 826(1) and the rate of tax specified in section 739O(2)(c) shall be the rate applicable pursuant to the relevant arrangement.

(3)Notwithstanding section 739P(5), where a ^[2]>scheme^<[2][2]>pension scheme^<[2], undertaking or company, as referred to in paragraphs (a) to (c) or (f) of the definition of “specified person”, can prove—

(a)that it has indirectly invested in units of an IREF,

(b)that the IREF would not be regarded as a personal portfolio IREF of that ^[2]>scheme^<[2][2]>pension scheme^<[2], undertaking or company, and

(c)that an amount of withholding tax was operated on an IREF taxable event to which it is indirectly entitled which is not otherwise repayable,

then that ^[2]>scheme^<[2][2]>pension scheme^<[2], undertaking or company, as the case may be, shall be entitled to a refund of withholding tax as if the units concerned were directly held and to make a claim to the Revenue Commissioners for repayment of that withholding tax in the form prescribed by the Revenue Commissioners and the rate of tax specified in section 739O(2)(c) shall be reduced accordingly.

(4) For the purposes of section 865(2) the return made by the IREF under section 739R shall be deemed to be a return made by the unit holder for the purposes of an assessment to tax.