912A Information for tax authorities in other territories

Summary

This section facilitates the exchange of information by the Revenue Commissioners with tax authorities of other countries under double tax treaties or tax information exchange agreements – each of these is authorised under section 826 or, in the case of capital acquisitions tax, section 106 of the Capital Acquisitions Tax Consolidation Act 2003. The section enables Revenue to obtain information under various sections of the Taxes Consolidation Act 1997 where it is required for the purposes of a tax liability in a tax treaty country.

Details

Definitions

(1) “foreign tax” is defined as tax chargeable under the laws of a country with which Ireland has a double tax treaty or a tax information exchange agreement as well as tax chargeable under the laws of a territory in relation to which the Convention on Mutual Administration Assistance in Tax Matters or any Protocol to the Convention apply.

“liability to foreign tax” means any liability to foreign tax to which that a person is liable, or the amount of such a liability.

Modification of certain provisions

(2) A number of sections of this Act are applied with appropriate modifications for the purposes of complying with exchange of information obligations in double tax treaties, tax information exchange agreements, the Convention and the Protocol. The sections concerned provide access to information where it is required for Irish tax purposes. The sections are applied by this section in relation to tax liabilities in treaty partner countries. The modification provides that references in the sections to a tax liability is to be interpreted as including references to a tax liability in a tax treaty.

The sections concerned are—

(3) A second modification of sections 902A, 905, 907 and 908 is provided for. In each case the meaning of “tax” relates to foreign tax.

Relevant Date: Finance Act 2019