Taxes Consolidation Act, 1997 (Number 39 of 1997)
1041Rents payable to non-residents.
[FA69 s25]
(1) Section 1034 shall not apply to—
(a) tax on profits or gains chargeable to tax under Case V of Schedule D, or
(b) tax on any of the profits or gains chargeable under Case IV of Schedule D which arise under the terms of a lease, but to a person other than the lessor, or which otherwise arise out of any disposition or contract such that if they arose to the person making it they would be chargeable under Case V of Schedule D,
where payment is made (whether in the State or elsewhere) directly to a person whose usual place of abode is outside the State [1]>(referred to in this section as the ‘nonresident person’) and where the person making the payment provides the Revenue Commissioners with the information specified in subsection (1A)<[1]; but section 238 shall apply in relation to the payment as it applies to other payments, being annual payments charged with tax under Schedule D and not payable out of profits or gains brought into charge to tax.
[2]>
(1A) The following information is specified for the purposes of subsection (1):
(a) the name and address of the non-resident person;
(b) the address of the property in respect of which the payment referred to in subsection (1) is made, including the Eircode in respect of the property;
(c) the unique identification number assigned to the property for the purposes of the Finance (Local Property Tax) Act 2012;
(d) the date the payment referred to in subsection (1) is made to the non-resident person;
(e) the gross amount of the payment referred to in subsection (1);
(f) the amount withheld from the payment referred to in subsection (1) and remitted to Revenue in accordance with section 238.
(1B) (a) Subject to paragraph (b), section 1034 shall not apply to—
(i) tax on profits or gains chargeable to tax under Case V of Schedule D, or
(ii) tax on any of the profits or gains chargeable under Case IV of Schedule D which arise under the terms of the lease, but to a person other than the lessor, or which otherwise arise out of any disposition or contract such that if they arose to the person making it they would be chargeable under Case V of Schedule D,
where the trustee, guardian, committee, attorney, factor, agent, receiver, branch or manager of the non-resident person provides the Revenue Commissioners with the information specified in subsection (1C).
(b) Section 238 shall apply in relation to a payment referred to in subsection (1) due to a non-resident person which is made to the trustee, guardian, committee, attorney, factor, agent, receiver, branch or manager of that non-resident person, as it applies to other payments, being annual payments charged with tax under Schedule D and not payable out of profits or gains brought into charge to tax.
(1C) The following information is specified for the purposes of subsection (1B):
(a) the name, address and tax reference number of the non-resident person (being, in the case of an individual, his or her personal public service number (within the meaning of section 262 of the Social Welfare Consolidation Act 2005) and, in the case of a company, the reference number stated on any return of income or notice of assessment issued to the company by the Revenue Commissioners);
(b) the address of the property in respect of which the payment due to the non-resident person is made, including the Eircode in respect of the property;
(c) the unique identification number assigned to the property for the purposes of the Finance (Local Property Tax) Act 2012;
(d) the date the payment is due to the non-resident person in respect of the property;
(e) the gross amount of the payment due in respect of the property;
(f) the amount withheld from the payment due in respect of the property and remitted to Revenue in accordance with section 238.
<[2]
(2) Where by virtue of [3]>subsection (1)<[3][3]>subsection (1) or (1B)<[3] the tax chargeable for any year of assessment on a person’s profits or gains chargeable to tax under either or both of the Cases referred to in that subsection would but for this subsection be greater than the tax which would be chargeable on such profits or gains but for [3]>subsection (1)<[3][3]>subsection (1) or (1B)<[3], then, on a claim in that behalf being made, relief shall be given from the excess, whether by repayment or otherwise.
[1]
Inserted by FA22 s92(1)(a). Comes into operation on such day as the Minister for Finance may appoint by order.
[2]
Inserted by FA22 s92(1)(b). Comes into operation on such day as the Minister for Finance may appoint by order.