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Taxes Consolidation Act, 1997 (Number 39 of 1997)

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898H Returns of interest payments made to or secured for beneficial owners.

(1) [2]>Every paying agent shall, as respects an interest payment made for the immediate benefit of a beneficial owner on or after 1 January 2005 who is resident in a relevant territory make and deliver to the Revenue Commissioners within 3 months of the end of a tax year (being the tax year 2005 and subsequent tax years) a return of all interest payments so made by that paying agent during that year consisting of—<[2][2]>Every paying agent shall, as respects an interest payment made for the immediate benefit of a beneficial owner on or after 1 July 2005 who is resident in a relevant territory, make and deliver to the Revenue Commissioners within 3 months of the end of a tax year (being the tax year 2005 and subsequent years) a return of all interest payments, as respects the tax year 2005, so made during the period 1 July 2005 to 31 December 2005 by that paying agent and, as respects any other tax year, so made by that paying agent during that year consisting of—<[2]

(a) the details relating to the paying agent set out in subsection (2),

(b) the details relating to each beneficial owner to which an interest payment is so made as set out in subsection (3), and

(c) the details relating to the total amount of interest payments so made as set out in subsection (4).

(2) The details relating to the paying agent are—

(a) name,

(b) address (in the case of a company, the address of the company’s registered office, if different), and

(c) tax reference number and for this purpose “tax reference number” has the meaning assigned to it by section 885 in relation to a specified person within the meaning of that section.

(3) The details relating to a beneficial owner are—

(a) in a case where contractual relations were entered into before 1 January 2004—

(i) name,

(ii) address, and

(iii) residence (being the individual’s country of residence),

as established in accordance with the procedure set out in section 898F, and

(b) in a case where contractual relations were entered into on or after 1 January 2004 or, as respects a transaction carried out on or after 1 January 2004, where there are no contractual relations—

(i) name,

(ii) address,

(iii) residence (being the individual’s country of residence), and

(iv) (I) TIN, or

(II) if there is no TIN or the TIN has not been made available to the paying agent, date and place of birth,

as established in accordance with the procedure set out in section 898G.

(4) The details relating to an interest payment are—

(a) (i) the account number associated with the interest payment, or

(ii) in a case where there is no account number associated with the interest payment, information capable of identifying the asset giving rise to the interest payment,

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(b) (i) the total amount of interest payments, or

(ii) in a case where the paying agent is a residual entity, the total amount of deemed interest payments attributable to each beneficial owner who is resident for tax purposes in a relevant territory.

<[3]

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(b) (i) (I) the total amount of interest payments which are within the meaning of paragraphs (a), (b), (c), (d), (e) and (g) of subsection (1) of section 898E, and

(II) the total amount of interest payments which are within the meaning of paragraphs (f) and (h) of that subsection,

or

(ii) in a case where the paying agent is a residual entity—

(I) the total amount of deemed interest payments which are within the meaning of paragraphs (a), (b), (c), (d), (e) and (g) of subsection (1) of section 898E, and

(II) the total amount of deemed interest payments which are within the meaning of paragraphs (f) and (h) of that subsection.

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(5) Sections 891 and 891A shall not apply to an interest payment which has been included in a return made under this section.

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[+]

Inserted by FA04 sched4. With effect from 1 July 2005 per S.I. 286 of 2005.

[2]

[-] [+]

Substituted by FA05 s144(1)(d)(i). This section applies as on and from 25 March 2005

[3]

[-] [+]

Substituted by FA05 s144(1)(d)(ii). This section applies as on and from 25 March 2005