739QA. Advance clearance procedures for indirect investors in respect of withholding tax

(1) A person who is entitled to a full refund of any withholding tax under section 739Q(3) (in this section referred to as the “indirect investor”) may, in advance of an IREF taxable event in respect of which withholding tax under section 739P or section 739T would arise, apply to the Revenue Commissioners for a certificate that—

(a) withholding tax should not be deducted in respect of an IREF taxable event, or

(b) withholding tax deducted should be paid directly to the indirect investor.

(2) The details of any IREF taxable event in respect of which a certificate is provided under subsection (1), notwithstanding that tax is not withheld under section 739P or 739T, shall be included on the account delivered under section 739T(3)(c), or the return required under section 739R, as applicable.

(3) An application under subsection (1) shall be made in such form as is provided from time to time by the Revenue Commissioners and shall include such particulars as may be set out in that form including the following:

(a) details of the indirect investment in the units of an IREF;

(b) why the IREF would not be considered a personal portfolio IREF of the indirect investor concerned;

(c) the withholding tax that will be suffered;

(d) confirmation that the withholding tax is not otherwise repayable;

(e) confirmation that the indirect investor would not be a specified person if it was a unit holder in the IREF;

(f) confirmation that the indirect investor would be entitled to a refund of tax under section 739Q(3).