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898G Obligations of paying agents in other contractual relations entered into.

(1) In this section “official identity card”, in relation to an individual resident in the State, means an official document issued by the Revenue Commissioners or the Minister for Social and Family Affairs which document contains the individual’s name, address and PPS number and includes any other official document which may be specified in regulations made by the Revenue Commissioners.

(2) This section applies for the purposes of enabling a paying agent to establish the identity and residence of an individual to whom the agent may make an interest payment or for whom the agent may secure an interest payment where—

(a) the agent enters into contractual relations with the individual on or after 1 January 2004, or

(b) in the absence of contractual relations, the agent carries out a transaction on behalf of the individual on or after 1 January 2004,

but where, on the basis of documentary proof of identity and residence presented by the individual which is acceptable for the purposes of section 32 of the Criminal Justice Act 1994, the paying agent is satisfied that the individual is resident in the State this section shall not apply to that individual as respects contractual relations entered into or transactions carried out before 1 June 2004, but where the paying agent comes into possession of, or becomes aware of, information which can reasonably be taken to indicate that the individual is not, or may not be, so resident the paying agent shall make all reasonable efforts to determine the individual’s correct identity and residence in accordance with the procedures set out in subsections (4) and (5).

(3) A paying agent shall as respects contractual relations entered into, or as respects a transaction carried out in the absence of contractual relations, on or after 1 January 2004 between the paying agent and an individual establish—

(a) the identity of each such individual consisting of his or her—

(i) name,

(ii) address, and

(iii) in a case where the ^[3]>relevant territory^{<[3] [3]>}territory^<[3] in which the individual is resident for tax purposes allocates a TIN, the individual’s TIN,

in accordance with the procedure set out in subsection (4), and

(b) the residence of each such individual in accordance with the procedure set out in subsection (5).

(4) (a) A paying agent shall establish the name, address and, where relevant, the TIN of an individual by reference to the details of the person’s name, address and TIN as set out in the person’s passport or official identity card as presented by the individual.

(b) If an individual’s address does not appear on his or her passport or official identity card the paying agent shall establish the individual’s address on the basis of any other documentary proof of identity presented by the individual which is acceptable for the purposes of section 32 of the Criminal Justice Act 1994.

(c) If there is no TIN or if an individual’s TIN does not appear on his or her passport, official identity card or any other documentary proof of identity referred to in paragraph (b) as presented by the individual, such as the individual’s certificate of residence for tax purposes, the individual’s identity as established in accordance with either or both paragraphs (a) and (b) shall be supplemented by the paying agent establishing the individual’s date of birth and place of birth by reference to his or her passport or official identity card.

(5) A paying agent shall establish the residence of an individual—

(a) in the case of an individual who presents a passport or official identity card issued by a relevant territory and who at the time of such presentation claims to be resident in a third country, by reference to a tax residence certificate issued by the competent authority of the third country in which the individual claims to be so resident, and in the absence of such a certificate the individual is to be regarded as resident in the relevant territory which issued the passport or other official identity card presented,

(b) in any other case, by reference to the address of the individual as set out—

(i) in his or her passport,

(ii) in his or her official identity card, or

(iii) if the paying agent has reason to believe that the person’s residence is other than that shown on his or her passport or official identity card, in any other documentary proof of identity presented by the individual which is acceptable for the purposes of section 32 of the Criminal Justice Act 1994.

(7) The Revenue Commissioners may make regulations governing the application of this section in a case where contractual relations are entered into, or any other transaction to which this section applies takes place, by postal, telephonic or electronic means. Any such regulations may provide for the use of notarised or certified copies of the documents referred to in this section.

(8) (a) Where a paying agent has established the identity and residence of an individual in accordance with the procedure set out in this section, the paying agent shall continue to treat that individual as so identified and so resident until such time as the paying agent is in possession, or aware, of information which can reasonably be taken to indicate that the individual has been incorrectly identified or is not so resident or has changed his or her residence.

(b) Where in accordance with paragraph (a) a paying agent becomes aware or has reason to believe that the individual’s circumstances have changed or have been incorrectly established, the paying agent shall make all reasonable efforts to determine the individual’s correct identity and residence in accordance with the procedures set out in this section.

(9) Where an individual informs a paying agent that his or her circumstances as established in accordance with the procedures set out in this section have changed, the paying agent shall establish his or her new circumstances in accordance with the procedure set out in subsection (4) or (5), as appropriate.

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