Revenue Note for Guidance

The content shown on this page is a Note for Guidance produced by the Irish Revenue Commissioners. To view the section of legislation to which the Note for Guidance applies, click the link below:

Revenue Note for Guidance

242 Annual payments for non-taxable consideration

(1) This section excludes certain annuities and other annual payments from the rules of this Chapter requiring deduction of tax at source. The section applies – with certain exceptions – to any annuity or other annual payment made under a liability incurred for consideration which is not or is not fully taken into account in computing the taxable income of the person making the payment.

The exceptions are interest, annuities granted in the ordinary course of a business of granting annuities and payments to an individual for surrendering or transferring an interest in settled property to the holder of a subsequent interest.

(2) Where the section applies —

  • the payment must be made without deduction of income tax,
  • no deduction is allowed in respect of the payment in computing the income or total income of the person by whom it is paid, and
  • the payment is not to be treated as a charge against the income of the person making the payment for the purposes of corporation tax.

Relevant Date: Finance Act 2019