(1) In this Chapter “beneficial owner”, in relation to an interest payment, means an individual who receives the interest payment or an individual for whom the interest payment is secured, but does not include an individual to whom subsection (2) applies.
(2) This subsection applies to an individual (in this section referred to as the “intermediary”) who provides evidence to the person making an interest payment to, or securing an interest payment for, the intermediary that, in relation to the interest payment, the intermediary—
(a) is a paying agent,
(b) acts on behalf of a person (not being an individual) or an undertaking referred to in section 898D(2),
(c) acts on behalf of a residual entity, where both of the conditions set out in subsection (3) are met, or
(d) acts on behalf of another individual (in this section referred to as the “other individual”) who receives the interest payment or for whom the interest payment is secured, where the condition set out in subsection (4) is met in relation to the other individual.
(3) The conditions of this subsection are that—
(a) the intermediary provides the name and address of the residual entity to the person making or securing the interest payment, and
(b) the person making the interest payment makes a return to the Revenue Commissioners within 3 months of the end of the tax year in which the information referred to in paragraph (a) is provided to the person of each name and address so provided in that tax year.
(4) The condition of this subsection is that the intermediary provides the person from whom he or she receives an interest payment with the identity of the other individual established in accordance with section 898F or 898G, as appropriate.
(5) If a paying agent has information to the effect, or information indicating, that an individual is not the beneficial owner of an interest payment and paragraph (a), (b) or (c) of subsection (2) does not apply to that individual, the paying agent shall take reasonable steps to identify the beneficial owner in accordance with the provisions of section 898F or 898G, as appropriate.
(6) A paying agent shall treat an individual as the beneficial owner in relation to an interest payment received by, or secured for, the individual if the paying agent is otherwise unable to identify a beneficial owner.
Inserted by FA04 sched4.