Taxes Consolidation Act, 1997 (Number 39 of 1997)
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SCHEDULE 2A
Dividend Withholding Tax
Interpretation
1. In this Schedule—
“appropriate person”, in relation to a pension scheme, means—
(a) in the case of an exempt approved scheme (within the meaning of section 774), the administrator (within the meaning of section 770) of the scheme,
(b) in the case of a retirement annuity contract to which section 784 or 785 applies, the person lawfully carrying on in the State the business of granting annuities on human life with whom the contract is made, and
(c) in the case of a trust scheme to which section 784 or 785 applies, the trustees of the trust scheme;
“beneficiary”, in relation to a trust, means any person (in this definition referred to as “the first-mentioned person”) who, directly or indirectly, is beneficially entitled under the trust, or may, through the exercise of any power or powers conferred on any person or persons, reasonably expect to become so beneficially entitled, to income or capital or to have any income or capital applied for the first-mentioned person’s benefit or to receive any other benefit;
“settlor”, in relation to a trust, includes any person who has provided or undertaken to provide assets or income directly or indirectly for the purposes of the trust;
“trust” means any trust, disposition, settlement, covenant, agreement or arrangement established, made or entered into by one or more than one settlor, whereby—
(a) assets, which may or may not change from time to time in the course of the management of the trust, or
(b) income, the sources and nature of which may or may not also so change from time to time,
beneficially owned by the settlor or settlors are or is vested in a person or persons (in this Schedule referred to as the “trustee” or “trustees”) to be—
(i) either or both held and managed for,
(ii) paid over to, or
(iii) applied for,
the benefit of any beneficiary or beneficiaries, but does not include a pension fund, charity or undertaking for collective investment in transferable securities which is established or regulated under the law of any relevant territory.
Currency of certain certificates
2. A certificate referred to in [2]>paragraph 8(f) or subparagraph (f) or (g) of paragraph 9<[2][2]>paragraph 8(f) [11]>or 9(f)<[11]<[2] shall be treated as a current certificate for the period from the date of the issue of the certificate to the 31st day of December in the fifth year following the year in which the certificate was issued.
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Currency of certain declarations
2A. A declaration referred to in paragraph 9 shall be treated as a current declaration for the period from the date of the making of the declaration to the 31st day of December in the fifth year following the year in which the declaration was made.
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Declaration to be made by company resident in the State
3. The declaration referred to in section 172C(2)(a) shall be a declaration in writing to the relevant person in relation to the relevant distributions which—
(a) is made by the person (in this paragraph referred to as “the declarer”) beneficially entitled to the relevant distributions in respect of which the declaration is made,
(b) is signed by the declarer,
(c) is made in such form as may be prescribed or authorised by the Revenue Commissioners,
(d) declares that, at the time when the declaration is made, the person beneficially entitled to the relevant distributions is a company resident in the State,
(e) contains the name and tax reference number of the company,
(f) contains an undertaking by the declarer that, if the person mentioned in subparagraph (d) ceases to be an excluded person, the declarer will, by notice in writing, advise the relevant person in relation to the relevant distributions accordingly, and
(g) contains such other information as the Revenue Commissioners may reasonably require for the purposes of Chapter 8A of Part 6.
Declaration to be made by pension scheme
4. The declaration referred to in section 172C(2)(b) shall be a declaration in writing to the relevant person in relation to the relevant distributions which—
(a) is made by the person (in this paragraph referred to as “the declarer”) beneficially entitled to the relevant distributions in respect of which the declaration is made,
(b) is signed by the declarer,
(c) is made in such form as may be prescribed or authorised by the Revenue Commissioners,
(d) declares that, at the time when the declaration is made, the person beneficially entitled to the relevant distributions is a pension scheme,
(e) contains the name and tax reference number of the pension scheme,
(f) contains a certificate by the appropriate person in relation to the pension scheme that, to the best of that person’s knowledge and belief, the declaration made in accordance with subparagraph (d) and the information furnished in accordance with subparagraph (e) are true and correct,
(g) contains an undertaking by the declarer that, if the person mentioned in subparagraph (d) ceases to be an excluded person, the declarer will, by notice in writing, advise the relevant person in relation to the relevant distributions accordingly, and
(h) contains such other information as the Revenue Commissioners may reasonably require for the purposes of Chapter 8A of Part 6.
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Declaration to be made by qualifying fund manager or qualifying savings manager
4A. The declaration referred to in section 172C(2)(ba)(ii) shall be a declaration in writing to the relevant person which—
(a) is made by the person (in this paragraph referred to as the “declarer”) beneficially entitled to the relevant distribution in respect of which the declaration is made,
(b) is signed by the declarer,
(c) is made in such form as may be prescribed or authorised by the Revenue Commissioners,
(d) declares that, at the time the declaration is made, the person beneficially entitled to the relevant distribution is a person referred to in section 172C(2)(ba)(i),
(e) contains the name and tax reference number of the person,
(f) contains a statement that, at the time when the declaration is made, the relevant distribution in respect of which the declaration is made will be applied as income of an approved retirement fund, an approved minimum retirement fund or, as the case may be, a special savings incentive account,
(g) contains an undertaking that, if the person mentioned in paragraph (d) ceases to be an excluded person, the declarer will, by notice in writing, advise the relevant person in relation to the relevant distribution accordingly, and
(h) contains such other information as the Revenue Commissioners may reasonably require for the purposes of Chapter 8A of Part 6.
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Declaration to be made by qualifying employee share ownership trust
5. The declaration referred to in section 172C(2)(c) shall be a declaration in writing to the relevant person in relation to the relevant distributions which—
(a) is made by the person (in this paragraph referred to as “the declarer”) beneficially entitled to the relevant distributions in respect of which the declaration is made,
(b) is signed by the declarer,
(c) is made in such form as may be prescribed or authorised by the Revenue Commissioners,
(d) declares that, at the time when the declaration is made, the person beneficially entitled to the relevant distributions is a qualifying employee share ownership trust,
(e) contains the name and address of that person,
(f) contains a statement that at the time when the declaration is made the relevant distributions in respect of which the declaration is made will form part of the income of the qualifying employee share ownership trust and will be applied in accordance with the provisions of paragraph 13 of Schedule 12,
(g) contains an undertaking by the declarer that, if the person mentioned in subparagraph (d) ceases to be an excluded person, the declarer will, by notice in writing, advise the relevant person in relation to the relevant distributions accordingly, and
(h) contains such other information as the Revenue Commissioners may reasonably require for the purposes of Chapter 8A of Part 6.
Declaration to be made by collective investment undertaking
6. The declaration referred to in section 172C(2)(d) shall be a declaration in writing to the relevant person in relation to the relevant distributions which—
(a) is made by the person (in this paragraph referred to as “the declarer”) beneficially entitled to the relevant distributions in respect of which the declaration is made,
(b) is signed by the declarer,
(c) is made in such form as may be prescribed or authorised by the Revenue Commissioners,
(d) declares that, at the time when the declaration is made, the person beneficially entitled to the relevant distributions is a collective investment undertaking,
(e) contains the name and tax reference number of the collective investment undertaking,
(f) contains an undertaking by the declarer that, if the person mentioned in subparagraph (d) ceases to be an excluded person, the declarer will, by notice in writing, advise the relevant person in relation to the relevant distributions accordingly, and
(g) contains such other information as the Revenue Commissioners may reasonably require for the purposes of Chapter 8A of Part 6.
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Declaration to be made by persons entitled to exemption from income tax under Schedule F
6A. The declaration referred to in section 172C(2)(da)(ii) shall be a declaration in writing to the relevant person which—
(a) is made by the person (in this paragraph referred to as “the declarer”) beneficially entitled to the relevant distributions in respect of which the declaration is made,
(b) is signed by the declarer,
(c) is made in such form as may be prescribed or authorised by the Revenue Commissioners,
(d) declares that, at the time when the declaration is made, the person beneficially entitled to the relevant distribution is a person referred to in section 172C(2)(da)(i),
(e) contains the name and tax reference number of the person,
(f) contains an undertaking by the declarer that, if the person mentioned in subparagraph (d) ceases to be an excluded person, the declarer will, by notice in writing, advise the relevant person in relation to the relevant distributions accordingly, and
(g) contains such other information as the Revenue Commissioners may reasonably require for the purposes of Chapter 8A of Part 6.
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Declaration to be made by charity
7. The declaration referred to in section 172C (2)(e)(ii) shall be a declaration in writing to the relevant person in relation to the relevant distributions which—
(a) is made by the person (in this paragraph referred to as “the declarer”) beneficially entitled to the relevant distributions in respect of which the declaration is made,
(b) is signed by the declarer,
(c) is made in such form as may be prescribed or authorised by the Revenue Commissioners,
(d) declares that, at the time when the declaration is made, the person beneficially entitled to the relevant distributions is a person referred to in section 172C(2)(e)(i),
(e) contains the name and address of that person,
(f) contains a statement that at the time when the declaration is made the relevant distributions in respect of which the declaration is made will be applied to charitable purposes only and—
(i) form part of the income of a body of persons or trust treated by the Revenue Commissioners as a body or trust established for charitable purposes only, or
(ii) are, according to the rules or regulations established by statute, charter, decree, deed of trust or will, applicable to charitable purposes only and are so treated by the Revenue Commissioners,
(g) contains an undertaking by the declarer that, if the person mentioned in subparagraph (d) ceases to be an excluded person, the declarer will, by notice in writing, advise the relevant person in relation to the relevant distributions accordingly, and
(h) contains such other information as the Revenue Commissioners may reasonably require for the purposes of Chapter 8A of Part 6.
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Declaration to be made by approved athletic or amateur sports body
7A. The declaration referred to in section 172C(2)(f)(ii) shall be a declaration in writing to the relevant person which—
(a) is made by the person (in this paragraph referred to as “the declarer”) beneficially entitled to the relevant distributions in respect of which the declaration is made,
(b) is signed by the declarer,
(c) is made in such form as may be prescribed or authorised by the Revenue Commissioners,
(d) declares that, at the time when the declaration is made, the person beneficially entitled to the relevant distribution is a person referred to in section 172C(2)(f)(i),
(e) contains the name and address of the person,
(f) contains a statement that, at the time when the declaration is made, the relevant distributions in respect of which the declaration is made will be applied for the sole purpose of promoting athletic or amateur games or sports and are so treated by the Revenue Commissioners,
(g) contains an undertaking by the declarer that, if the person mentioned in subparagraph (d) ceases to be an excluded person, the declarer will, by notice in writing, advise the relevant person in relation to the relevant distributions accordingly, and
(h) contains such other information as the Revenue Commissioners may reasonably require for the purposes of Chapter 8A of Part 6.
Declaration to be made by designated stockbroker operating special portfolio investment account
7B. The declaration referred to in section 172C(2)(g)(ii) shall be a declaration in writing to the relevant person which—
(a) is made by the person (in this paragraph referred to as “the declarer”) beneficially entitled to the relevant distributions in respect of which the declaration is made,
(b) is signed by the declarer,
(c) is made in such form as may be prescribed or authorised by the Revenue Commissioners,
(d) declares that, at the time when the declaration is made, the person beneficially entitled to the relevant distribution is a person referred to in section 172C(2)(g)(i),
(e) contains the name and tax reference number of the person,
(f) contains a statement that, at the time when the declaration is made, the relevant distributions in respect of which the declaration is made will be applied as all or part of the relevant income or gains (within the meaning of section 838) of a special portfolio investment account and are so treated by the Revenue Commissioners,
(g) contains an undertaking by the declarer that, if the person mentioned in subparagraph (d) ceases to be an excluded person, the declarer will, by notice in writing, advise the relevant person in relation to the relevant distributions accordingly, and
(h) contains such other information as the Revenue Commissioners may reasonably require for the purposes of Chapter 8A of Part 6.
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Declaration to be made by qualifying non-resident person, not being a company
8. The declaration referred to in section 172D(3) (a) (iii) shall be a declaration in writing to the relevant person in relation to the relevant distributions which—
(a) is made by the person (in this paragraph referred to as “the declarer”) beneficially entitled to the relevant distributions in respect of which the declaration is made,
(b) is signed by the declarer,
(c) is made in such form as may be prescribed or authorised by the Revenue Commissioners,
(d) declares that, at the time when the declaration is made, the person beneficially entitled to the relevant distributions is a qualifying non-resident person,
(e) contains the name and address of that person,
(f) is accompanied by a certificate given by the tax authority of the relevant territory in which the person is, by virtue of the law of that territory, resident for the purposes of tax certifying that the person is so resident in that territory,
(g) in the case where the relevant distributions (or amounts or other assets representing such distributions) are to be received by a trust, is accompanied by—
(i) a certificate signed by the trustee or trustees of the trust which shall show the name and address of—
(I) the settlor or settlors in relation to the trust, and
(II) the beneficiary or beneficiaries in relation to the trust,
and
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(ii) a certificate from the Revenue Commissioners certifying that the certificate referred to in clause (i) has been furnished to the Revenue Commissioners and that they are satisfied that that certificate is true and correct,
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(ii) a notice in writing from the Revenue Commissioners stating that the Commissioners have noted the contents of the certificate referred to in clause (i),
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(h) contains an undertaking by the declarer that, if the person mentioned in subparagraph (d) ceases to be a qualifying non-resident person, the declarer will, by notice in writing, advise the relevant person in relation to the relevant distributions accordingly, and
(i) contains such other information as the Revenue Commissioners may reasonably require for the purposes of Chapter 8A of Part 6.
Declaration to be made by qualifying non-resident person, being a company
9. The declaration referred to in section 172D(3)(b) shall be a declaration in writing to the relevant person in relation to the relevant distributions which—
(a) is made by the person (in this paragraph referred to as “the declarer”) beneficially entitled to the relevant distributions in respect of which the declaration is made,
(b) is signed by the declarer,
(c) is made in such form as may be prescribed or authorised by the Revenue Commissioners,
(d) declares that, at the time when the declaration is made, the person beneficially entitled to the relevant distributions is a company which is a qualifying non-resident person,
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(e) contains—
(i) the name and address of that company, and
(ii) the name of the territory in which the company is resident for the purposes of tax,
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(e) contains—
(i) the name and address of that company,
(ii) the name of the territory in which the company is resident for the purposes of tax,
(iii) in the case of a company within the meaning of section 172D(3)(b)(ii), the name of the relevant territory or names of the relevant territories, as the case may be, in which the person or persons who control (within the meaning of section 172D(4)(a)), whether directly or indirectly, the company is or are resident for the purposes of tax by virtue of the law of that territory or the laws of those territories, and
(iv) in the case of a company within the meaning of section 172D(3)(b)(iii), the name and address of a recognised stock exchange on which the principal class of the shares of the company or
(I) where the company is a 75 per cent subsidiary (within the meaning of section 172D(5)) of another company, of that other company, or
(II) where the company is wholly owned (within the meaning of section 172D(6)) by 2 or more companies, of each of those companies,
is substantially and regularly traded,
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(f) is accompanied by a certificate signed by the auditor of the company certifying that the company is a company which is not resident in the State and—
(i) is under the control (within the meaning of section 172D(4)(a)), whether directly or indirectly, of a person or persons who, by virtue of the law of a relevant territory, is or are resident for the purposes of tax in such a relevant territory and who is or are, as the case may be, not under the control (within the meaning of section 172D(4)(b)), whether directly or indirectly, of a person who is, or persons who are, not so resident, or
(ii) the principal class of the shares of—
(I) the company, or
(II) another company of which the company is a 75 per cent subsidiary (within the meaning of section 172D(5)),
is substantially and regularly traded on a recognised stock exchange in a relevant territory or territories or on such other stock exchange as may be approved of by the Minister for Finance for the purposes of Chapter 8A of Part 6,
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(f) is accompanied by—
(i) a certificate given by the tax authority of the relevant territory in which the company is, by virtue of the law of that territory, resident for the purposes of tax certifying that the company is so resident in that territory, and a certificate signed by the auditor of the company certifying that in his or her opinion the company is not under the control (within the meaning of section 172D(3A)), whether directly or indirectly, of a person or persons who is or are resident in the State,
(ii) a certificate signed by the auditor of the company certifying that in his or her opinion the company is a company which is not resident in the State and is under the control (within the meaning of section 172D(4)(a)), whether directly or indirectly, of a person or persons who, by virtue of the law of a relevant territory, is or are resident for the purposes of tax in such a relevant territory and who is or are, as the case may be, not under the control (within the meaning of section 172D(4)(b)), whether directly or indirectly, of a person who is, or persons who are, not so resident, or
(iii) a certificate signed by the auditor of the company certifying that in his or her opinion the principal class of the shares of the company or—
(I) where the company is a 75 per cent subsidiary (within the meaning of section 172D(5)) of another company, of that other company, or
(II) where the company is wholly-owned (within the meaning of section 172D(6)) by 2 or more companies, of each of those companies,
[10]>is substantially and regularly traded on<[10][10]>is substantially and regularly traded on a stock exchange in the State, on<[10] one or more than one recognised stock exchange in a relevant territory or territories or on such other stock exchange as may be approved of by the Minister for Finance for the purposes of Chapter 8A of Part 6,
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(g) is accompanied by a certificate from the Revenue Commissioners certifying that the certificate referred to in subparagraph (f) has been furnished to the Revenue Commissioners and that they are satisfied that that certificate is true and correct,
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(h) contains an undertaking by the declarer that, if the person mentioned in subparagraph (d) ceases to be a qualifying non-resident person, the declarer will, by notice in writing, advise the relevant person in relation to the relevant distributions accordingly, and
(i) contains such other information as the Revenue Commissioners may reasonably require for the purposes of Chapter 8A of Part 6.
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Declaration to be made by a PRSA administrator
10. The declaration referred to in section 172C(2)(bb) shall be a declaration in writing to the relevant person which—
(a) is made by the person (in this paragraph referred to as the “declarer”) beneficially entitled to the relevant distribution in respect of which the declaration is made,
(b) is signed by the declarer,
(c) is made in such form as may be prescribed or authorised by the Revenue Commissioners,
(d) declares that, at the time when the declaration is made, the person beneficially entitled to the relevant distribution is a person referred to in section 172C(2)(bb),
(e) contains the name and tax reference number of the person,
(f) contains a statement that, at the time when the declaration is made, the relevant distribution in respect of which the declaration is made will be applied as income of a PRSA,
(g) contains an undertaking by the declarer that, if the person mentioned in subparagraph (d) ceases to be an excluded person, the declarer will, by notice in writing, advise the relevant person in relation to the relevant distribution accordingly, and
(h) contains such other information as the Revenue Commissioners may reasonably require for the purposes of Chapter 8A of Part 6.
Declaration to be made by exempt unit trust
11. The declaration referred to in section 172C(2)(db) shall be a declaration in writing to the relevant person which—
(a) is made by the person (in this paragraph referred to as the “declarer”) beneficially entitled to the relevant distributions in respect of which the declaration is made,
(b) is signed by the declarer,
(c) is made in such form as may be prescribed or authorised by the Revenue Commissioners,
(d) declares that, at the time when the declaration is made, the person beneficially entitled to the relevant distribution is a person referred to in section 172C(2)(db),
(e) contains the name and tax reference number of the person,
(f) contains a statement that, at the time when the declaration is made, the relevant distribution in respect of which the declaration is made will be applied as income of an exempt unit trust to which section 731(5)(a) applies,
(g) contains an undertaking by the declarer that, if the person mentioned in subparagraph (d) ceases to be an excluded person, the declarer will, by notice in writing, advise the relevant person in relation to the relevant distribution accordingly, and
(h) contains such other information as the Revenue Commissioners may reasonably require for the purposes of Chapter 8A of Part 6.
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Substituted by FA07 s38(1)(e). Applies as respects any relevant distribution made on or after 1 February 2007.