Taxes Consolidation Act 1997

(a) in a case where the securities have not been quoted in the official list of the Dublin Stock Exchange at a price excluding the value of the interest payment last payable before the interest receivable by the first buyer or, the securities having been so quoted, the date of the quotation was not the earliest date on which they could have been so quoted if an appropriate dealing in the securities had taken place, that earliest date, and

(b) in any other case, the date on which the securities have been first so quoted;

“the second relevant date” means—

(a) in a case where the securities have not been quoted in the official list of the Dublin Stock Exchange at a price excluding the value of the interest receivable by the first buyer or, the securities having been so quoted, the date of the quotation was not the earliest date on which they could have been so quoted if an appropriate dealing in the securities had taken place, that earliest date, and

(b) in any other case, the date on which the securities have been first so quoted.

(3) Where the interest receivable by the first buyer was the first interest payment payable in respect of the securities, subparagraph (1) shall apply with the substitution for the references to the first relevant date of references to the beginning of the period (in this subparagraph referred to as “the relevant period”) for which the interest was payable; but where the capital amount of the securities was not fully paid at the beginning of the relevant period and one or more instalments of capital were paid during the relevant period, then—

(a) the interest shall be treated as divided into parts, calculated by reference to the amount of the interest attributable to the capital paid at or before the beginning of the relevant period and the amount of that interest attributable to each such instalment,

(b) treating each of those parts as interest payable for the relevant period or, where the part was calculated by reference to any such instalment, as interest payable for the part of the relevant period beginning with the payment of the instalment, the amount constituting the appropriate proportion of each part shall be calculated in accordance with the preceding provisions of this paragraph, and

(c) the appropriate proportion of the interest for the purposes of paragraphs 1 and 2 shall be the proportion of the interest constituted by the sum of those amounts.

(4) In relation to securities not the subject of quotations in the official list of the Dublin Stock Exchange, subparagraph (1) shall apply with the substitution for the periods mentioned in that subparagraph of such periods as in the opinion of the Appeal Commissioners correspond with those in the case of the securities in question.

SCHEDULE 22 Dividends Regarded as Paid Out of Profits Accumulated Before Given Date

[ITA67 Sch12; F(MP) A68 s3(2) and Sch PtI; CTA76 s140(1) and Sch2 PtI par28; FA79 s34]

(a) it is declared for a period falling wholly before the relevant date,

(b) there are no profits of the company arising in the period beginning on the relevant date and ending on the date on which the dividend is payable, or

(c) having regard to paragraph 3, no part is available for payment of the dividend out of such profits of the company as arose in the period beginning on the relevant date and ending on the date on which the dividend is payable.

(2) Subject to paragraph 2, where out of such profits of the company as arose in the period beginning on the relevant date and ending on the date on which the dividend is payable, some part is, having regard to paragraph 3, available for payment of the dividend but the total amount distributed in payment of the net dividend on all the shares of the class in question exceeds that part of the profits, the dividend shall be regarded for the purposes of section 752 and of this Schedule as paid out of profits accumulated before the relevant date to an extent which is the same as the proportion which the excess bears to that total amount.

(3) For the purposes of this Schedule, a dividend which is declared for a period falling partly before and partly after the relevant date shall be regarded as consisting of 2 dividends respectively declared for the 2 parts of the period and of amounts proportionate to each such part.

(a) it became payable within one year from that date, and

(b) in the opinion of the Appeal Commissioners the annual rate of dividend on the shares in question in that year—

(i) is not substantially greater than the annual rate of dividend on those shares in the period of 3 years ending on the relevant date, or

(ii) in a case where the shares in question were acquired in the ordinary course of a business of arranging public issues and placings of shares, represents a yield on the cost to the person receiving the dividend not substantially greater than the yield obtainable by investing in comparable shares the prices of which are quoted on stock exchanges in the State.

(2) For the purposes of subparagraph (1) (b), the Appeal Commissioners shall have regard to—

(a) all dividends paid on the shares in the respective periods,

(b) any share issue made in those periods to holders of the shares, and

(c) in a case under subparagraph (1) (b) (i) where the shares were not in existence 3 years before the relevant date, the dividends paid on, and any share issue made to holders of, any shares surrendered in exchange for the first-mentioned shares or in right of which the first-mentioned shares were acquired,

and shall take such averages and make such adjustments as may appear to them to be required for a fair comparison.

(2) There shall be deducted from those profits such amount, whether fixed or proportionate to the amount of the profits, as in the opinion of the Appeal Commissioners ought justly and reasonably to be treated as set aside for payment of dividends on any other class of shares in the company, having regard to the respective rights attaching to the shares and on the assumption that the total amount available for distribution by means of net dividend on all the shares in the company over any period will be proportionately greater or less than the profits of the company arising in the period beginning on the relevant date and ending on the date on which the dividend mentioned in subparagraph (1) is payable, according as the first-mentioned period is longer or shorter than the second-mentioned period.

(3) In a case where, in the period beginning on the relevant date and ending on the date on which the dividend is payable, no previous dividend became payable on the shares of the class in question, the whole of the profits of the company arising in the period, less any deduction to be made under subparagraph (2), shall be regarded as available for payment of the dividend.

(4) If any previous dividend became payable on the same shares in the period beginning on the relevant date and ending on the date on which the dividend is payable, there shall be determined in accordance with the preceding paragraphs the extent, if any, to which that previous dividend is to be regarded as paid out of profits accumulated before the relevant date, and the profits of the company arising in that period, less any deduction to be made under subparagraph (2), shall be regarded as primarily available for payment of the net amount of that previous dividend in so far as it is not regarded as paid out of profits accumulated before the relevant date and only such balance, if any, as remains shall be regarded as available for payment of the later dividend.

(5) Where under subparagraph (2) the Appeal Commissioners are to determine what should be set aside for payment of dividends on shares of any class, and dividends on shares of that class have been treated under this Schedule as paid to any extent out of profits accumulated before the relevant date, the Appeal Commissioners may take that fact into account and reduce the amount to be so set aside accordingly.

(2) Those profits shall be the income of the company for the specified period diminished by—

(a) the income tax actually paid by the company for any year of assessment (not being a year of assessment after the year 1975-76) in the specified period, including any surtax borne by the company under section 530 of, and Schedule 16 to, the Income Tax Act, 1967,

(b) the corporation profits tax payable by the company for any accounting period in the specified period,

(c) the corporation tax (including corporation tax charged by virtue of sections 440 and 441) payable by the company for any accounting period in the specified period, and for this purpose the tax credit comprised in any franked investment income shall be treated as corporation tax payable by the company for the accounting period in which the distribution was received, and

(d) the capital gains tax payable by the company for any year of assessment (not being a year of assessment after the year 1975-76) in the specified period;

but where relief has been afforded to the company under section 360 of the Income Tax Act, 1967, or under section 826 or 833, references in this subparagraph to tax actually borne or to tax payable shall be construed as references to the tax which would have been borne or payable if that relief had not been given.

(3) In ascertaining for the purposes of this paragraph the amount of income tax, corporation profits tax and corporation tax by which the income of the company for the specified period is to be diminished, any tax on the amount to be deducted under clause (g) or (h) of paragraph 5(3) shall be disregarded.

(2) There shall be computed the aggregate amount of—

(a) any profits or gains arising in the specified period from any trade carried on by the company computed in accordance with the provisions applicable to Case I of Schedule D,

(b) any income (including any franked investment income) arising in the specified period (computed in accordance with the Income Tax Acts or, in the case of franked investment income, in accordance with the Corporation Tax Acts), other than profits or gains arising from any trade referred to in clause (a), and

(c) any capital profits arising in the specified period (whether or not chargeable to capital gains tax or corporation tax).

(3) There shall be deducted from the aggregate amount determined under subparagraph (2) the sum of the following amounts—

(a) any loss sustained by the company in the specified period in any trade referred to in subparagraph (2) (a) (computed in the same manner as profits or gains under the provisions applicable to Case I of Schedule D),

(b) any group relief given to the company in accordance with Chapter 5 of Part 12 for any accounting period in the specified period,

(c) any allowances for any year of assessment (not being a year of assessment after the year 1975-76) in the specified period in respect of any such trade under sections 241, 244(3) and 245, Chapter III of Part XIV, and Parts XV and XVI, of the Income Tax Act, 1967,

(d) any allowances in respect of any such trade under Chapter III of Part XIV of the Income Tax Act, 1967, which under section 14 of the Corporation Tax Act, 1976, were to be made in taxing the trade for the purposes of corporation tax for any accounting period in the specified period,

(e) any allowances in respect of any such trade under Part 9, section 670, Chapter 1 of Part 29 or subsection (1) or (2) of section 765, which under section 307 are to be made in taxing the trade for the purpose of corporation tax for any accounting period in the specified period,

(f) (i) any payments made by the company in the specified period to which section 237 or 238 applies, other than payments which are deductible in computing the profits or gains or losses of a trade carried on by the company,

(ii) any amount in respect of which repayment was made under section 496 of the Income Tax Act, 1967, for any year of assessment in the specified period, and

(iii) any charges on income which under section 243(2) are to be allowed as deductions against the total profits for any accounting period in the specified period,

(g) if the company is not engaged in carrying on a trade mentioned in section 752(3) and has received in the period—

(i) on or before the 5th day of April, 1976, a dividend which if the company had been engaged in such a trade would have been required by section 371(1) of the Income Tax Act, 1967, to be taken into account to any extent mentioned in that section, such amount as would, after deduction of income tax at the rate authorised by section 456 of that Act, be equal to the amount which would have been so required to be taken into account,

(ii) after the 5th day of April, 1976, a distribution within the meaning of Chapter 2 of Part 6 which if the company had been engaged in such a trade would have been required by section 752(3) to be taken into account to any extent mentioned in that section, an amount equal to so much of the distribution as would be so required to be taken into account increased by so much of the tax credit in respect of that distribution as bears to the amount of such tax credit the same proportion as the part of the distribution which would be so required to be taken into account bears to the distribution, and

(h) if the company is not engaged in carrying on a trade mentioned in section 752(3), but were it so engaged any reduction under section 749 would, or would but for section 749(3), be made as respects the price paid by the company for securities (within the meaning of that section) bought by it in the period—

(i) on or before the 5th day of April, 1976, such amount as would, after deduction of income tax at the rate applicable to the payment, be equal to the amount of the reduction, or

(ii) after the 5th day of April, 1976, such amount as would be equal to an amount of gross interest corresponding to an amount of net interest equal to the amount of the reduction,

so however that where the securities are of the description specified in paragraph 4 of Schedule 21, the amount shall be the amount of the reduction,

and the balance shall be the income of the company for the specified period.

SCHEDULE 23 Occupational Pension Schemes

[FA72 Sch1 PtI pars1 to 3(3), 4 and 5 and PtVI pars 1 to 4; FA96 s132(1) and Sch5 PtI par6]

PART 1

Application for approval of a scheme

(a) a copy of the instrument or other document constituting the scheme,

(b) a copy of the rules of the scheme and, except where the application is being made on the setting up of the scheme, a copy of the accounts of the scheme for the last year for which such accounts have been made up, and

(c) such other information and particulars (including copies of any actuarial report or advice given to the administrator or employer in connection with the setting up of the scheme) as the Revenue Commissioners may consider relevant.

Information about payments under approved schemes

(a) furnish to the inspector a return containing such particulars of contributions paid under the scheme as the notice may require;

(b) prepare and deliver to the inspector a return containing particulars of all payments under the scheme, being—

(i) payments by means of the return of contributions (including interest on contributions, if any),

(ii) payments by means of the commutation of, or in place of, pensions or other lump sum payments, and

(iii) other payments made to an employer;

(c) furnish to the inspector a copy of the accounts of the scheme to the last date previous to the notice to which such accounts have been made up, together with such other information and particulars (including copies of any actuarial report or advice given to the administrator or employer in connection with the conduct of the scheme in the period to which the accounts relate) as the inspector considers relevant.

Information about schemes other than approved schemes or statutory schemes

(2) It shall be the duty of every employer—

(a) if there subsists in relation to any of that employer's employees any such scheme, to deliver particulars of that scheme to the inspector within 3 months beginning on the date on which the scheme first comes into operation in relation to any of that employer's employees, and

(b) when required to do so by notice given by the inspector to furnish within the time limited by the notice such particulars as the inspector may require with regard to—

(i) any retirement benefits scheme relating to the employer, or

(ii) the employees of that employer to whom any such scheme relates.

(3) It shall be the duty of the administrator of any such scheme, when required to do so by notice given by the inspector, to furnish within the time limited by the notice such particulars as the inspector may require with regard to the scheme.

Responsibility of administrator of a scheme

(2) No liability incurred under Chapter 1 or this Schedule by the administrator of a scheme, or by an employer, shall be affected by the termination of the scheme or by its ceasing to be an approved scheme or an exempt approved scheme, or by the termination of the appointment of the person mentioned in section 772(2) (c).

(3) References in this paragraph to the employer include, where the employer is resident outside the State, references to any factor, agent, receiver, branch or manager of the employer in the State.

Regulations

(2) Every regulation made under this paragraph shall be laid before Dáil Éireann as soon as may be after it is made and, if a resolution annulling the regulation is passed by Dáil Éireann within the next 21 days on which Dáil Éireann has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

PART 2

(a) is not expressly authorised by the rules of the scheme, or

(b) is made at a time when the scheme is not approved for the purposes of Chapter 1 and would not have been expressly authorised by the rules of the scheme when it was last so approved,

the employee (whether or not he or she is the recipient of the payment) shall be chargeable to tax on the amount of the payment under Schedule E for the year of assessment in which the payment is made.

SCHEDULE 24 Relief from Income Tax and Corporation Tax by Means of Credit in Respect of Foreign Tax

[ITA67 Sch10; F(MP) A68 s3(2) and Sch PtI; F(No.2) A70 s1(c); FA74 s86 and Sch2 PtI; CTA76 s23(2) to (4) and s166 and Sch4 PtsI and II; FA95 s60]

Interpretation

“arrangements” means arrangements for the time being in force by virtue of section 826 or section 12 of the Finance Act, 1950;

“the Irish taxes” means income tax and corporation tax;

“foreign tax”, in relation to any territory in relation to which arrangements have the force of law, means any tax chargeable under the laws of that territory for which credit may be allowed under the arrangements.

(2) Any reference in this Schedule to foreign tax shall be construed, in relation to credit to be allowed under any arrangements, as a reference only to tax chargeable under the laws of the territory in relation to which the arrangements are made.

General

(2) In the case of any income within the charge to corporation tax, the credit shall be applied in reducing the corporation tax chargeable in respect of that income.

(3) Nothing in this paragraph shall authorise the allowance of credit against any Irish tax against which credit is not allowable under the arrangements.

Requirements as to residence

Limit on total credit— corporation tax

(2) For the purposes of this paragraph, the corporation tax attributable to any income or gain (in this subparagraph referred to as “that income” or “that gain”, as the case may be) of a company shall, subject to subparagraphs (3) to (5), be the corporation tax attributable to so much (in this paragraph referred to as “the relevant income” or “the relevant gain”, as the case may be) of the income or chargeable gains of the company computed in accordance with the Tax Acts and the Capital Gains Tax Acts, as is attributable to that income or that gain, as the case may be.

(3) For the purposes of subparagraph (2), the relevant income of a company attributable to an amount receivable from the sale of goods (within the meaning of section 449) shall be the sum which would for the purposes of that section be taken to be the amount of the income of the company referable to the amount so receivable.

(4) Subject to subparagraph (5), the amount of corporation tax attributable to the relevant income or gain shall be treated as equal to such proportion of the amount of that income or gain as corresponds to the rate of corporation tax payable by the company (before any credit for double taxation relief) on its income or chargeable gains for the accounting period in which the income arises or the gain accrues (in this paragraph referred to as “the relevant accounting period”); but, where the corporation tax payable by the company for the relevant accounting period on the relevant income or gain is reduced by virtue of—

(a) section 448 by any fraction, the rate of corporation tax payable by the company on its income and chargeable gains for the relevant accounting period shall be treated as reduced by that fraction,

(b) section 713(3) or 738(2), the rate of corporation tax payable by the company on its income and chargeable gains for the relevant accounting period shall be treated as the standard rate of income tax by reference to which the corporation tax so payable is reduced, and

(c) section 723(6), the rate of corporation tax payable by the company on its income and chargeable gains for the relevant accounting period shall be treated as 10 per cent,

for the purposes of computing the corporation tax attributable to that relevant income or gain, as the case may be.

(5) Where in the relevant accounting period there is any deduction to be made for charges on income, expenses of management or other amounts which can be deducted from or set off against or treated as reducing profits of more than one description—

(a) the company shall for the purposes of this paragraph and sections 449 and 450 allocate every such deduction in such amounts and to such of its profits for that period as it thinks fit, and

(b) (i) the amount of the relevant income or gain shall be treated for the purposes of subparagraph (4),

(ii) the amount of any income of a company treated for the purposes of section 449 as referable to an amount receivable from the sale of goods (within the meaning of that section) shall be treated for the purposes of that section, and

(iii) the amount of the income of a company treated for the purposes of section 450 as attributable to relevant payments (within the meaning of that section) shall be treated for the purposes of that section,

as reduced or, as the case may be, extinguished by so much (if any) of the deduction as is allocated to it.

Limit on total credit— income tax

(2) For the purpose of determining the specified rate, the tax payable by any person for any year shall be computed without any reduction of that tax for any credit allowed or to be allowed under any arrangements having effect by virtue of section 826 but shall be deemed to be reduced by any tax which the person in question is entitled to charge against any other person, and the total income of any person shall be deemed to be reduced by the amount of any income the income tax on which that person is entitled to charge as against any other person.

(3) Where credit for foreign tax is to be allowed in respect of any income and any relief would but for this subparagraph be allowed in respect of that income under section 830, that relief shall not be allowed.

Effect on computation of income of allowance of credit

(2) Where the income tax or corporation tax payable depends on the amount received in the State, that amount shall be treated as increased by the amount of the credit allowable against income tax or corporation tax, as the case may be.

(3) Where subparagraph (2) does not apply—

(a) no deduction shall be made for foreign tax (whether in respect of the same or any other income), and

(b) where the income includes a dividend and under the arrangements foreign tax not chargeable directly or by deduction in respect of the dividend is to be taken into account in considering whether any, and if so what, credit is to be allowed against the Irish taxes in respect of the dividend, the amount of the income shall be treated as increased by the amount of the foreign tax not so chargeable which is to be taken into account in computing the amount of the credit, but

(c) notwithstanding anything in clauses (a) and (b), where any part of the foreign tax in respect of the income (including any foreign tax which under clause (b) is to be treated as increasing the amount of the income) cannot be allowed as a credit against any of the Irish taxes, the amount of the income shall be treated as reduced by that part of that foreign tax.

(4) In relation to the computation of the total income of a person for the purpose of determining the rate mentioned in paragraph 5, subparagraphs (1) to (3) shall apply subject to the following modifications:

(a) for the reference in subparagraph (2) to the amount of the credit allowable against income tax there shall be substituted a reference to the amount of the foreign tax in respect of the income (in the case of a dividend, foreign tax not chargeable directly or by deduction in respect of the dividend being disregarded), and

(b) clauses (b) and (c) of subparagraph (3) shall not apply,

and, subject to those modifications, shall apply in relation to all income in the case of which credit is to be allowed for foreign tax under any arrangements.

Special provisions as to dividends

(a) if the dividend is paid for a specified period, the profits of that period,

(b) if the dividend is not paid for a specified period but is paid out of specified profits, those profits, or

(c) if the dividend is paid neither for a specified period nor out of specified profits, the profits of the last period for which accounts of the body corporate were made up which ended before the dividend became payable;

but if, in a case within clause (a) or (c), the total dividend exceeds the profits available for distribution of the period mentioned in clause (a) or (c), as the case may be, the relevant profits shall be the profits of that period together with so much of the profits available for distribution of preceding periods (other than profits previously distributed or previously treated as relevant for the purposes of this paragraph) as is equal to the excess, and for this purpose the profits of the most recent preceding period shall first be taken into account, then the profits of the next most recent preceding period, and so on.

(2) Where, in the case of any dividend, foreign tax not chargeable directly or by deduction in respect of the dividend is under the arrangements to be taken into account in considering whether any, and if so what, credit is to be allowed against the Irish taxes in respect of the dividend, the foreign tax not so chargeable to be taken into account shall be that borne by the body corporate paying the dividend on the relevant profits in so far as it is properly attributable to the proportion of the relevant profits represented by the dividend.

(a) the arrangements provide, in relation to dividends of some classes but not in relation to dividends of other classes, that foreign tax not chargeable directly or by deduction in respect of dividends is to be taken into account in considering whether any, and if so what, credit is to be allowed against the Irish taxes in respect of the dividends, and

(b) a dividend is paid which is not of a class in relation to which the arrangements so provide,

then, if the dividend is paid to a company which controls, directly or indirectly, not less than 50 per cent of the voting power in the company paying the dividend, credit shall be allowed as if the dividend were a dividend of a class in relation to which the arrangements so provide.

Miscellaneous

“the relevant year of assessment”, in relation to credit for foreign tax in respect of any income, means the year of assessment for which that income is to be charged to income tax or would be so charged if any income tax were chargeable in respect of that income;

“the relevant accounting period”, in relation to credit for foreign tax in respect of any income, means the accounting period for which that income is to be charged to corporation tax or would be so charged if any corporation tax were chargeable in respect of that income.

(2) Subject to paragraph 13, any claim for an allowance by means of credit for foreign tax in respect of any income shall be made in writing to the inspector not later than 6 years from the end of the relevant year of assessment or the relevant accounting period, as the case may be, and, if the inspector objects to any such claim, it shall be heard and determined by the Appeal Commissioners as if it were an appeal to the Appeal Commissioners against an assessment to income tax and the provisions of the Income Tax Acts relating to the rehearing of an appeal and to the statement of a case for the opinion of the High Court on a point of law shall, with the necessary modifications, apply accordingly.

SCHEDULE 25

[ITA67 Sch8]

[The Convention set out in this Schedule was ratified subject to the exclusion of articles XIV and XVI in accordance with reservations made by the Senate of the United States of America. Instruments of ratification were exchanged at Washington, District of Columbia, on 20th December, 1951.]

Reciprocal Relief of Double Taxation in Respect of Irish Income Tax, Sur-tax and Corporation Profits Tax and United States Federal Income Taxes, Including Sur-Taxes

The Government of Ireland and the Government of the United States of America,

Desiring to conclude a Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income,

Have appointed for that purpose as their Plenipotentiaries:

The Government of Ireland:

Patrick McGilligan, Minister for Finance;

Seán MacBride, Minister for External Affairs;

The Government of the United States of America;

George A. Garrett, Envoy Extraordinary and Minister Plenipotentiary of the United States of America at Dublin;

Who, having exhibited their respective full powers, found in good and due form, have agreed as follows:—

Article I

(1) The taxes which are the subject of the present Convention are:—

(a) In the United States of America:

The Federal income taxes, including surtaxes (hereinafter referred to as United States tax).

(b) In Ireland:

The income tax (including surtax) and the corporation profits tax (hereinafter referred to as Irish tax).

(2) The present Convention shall also apply to any other taxes of a substantially similar character imposed by either Contracting Party subsequently to the date of the signature of the present Convention.

Article II

(1) In the present Convention, unless the context otherwise requires—

(a) The term “United States” means the United States of America, and when used in a geographical sense means the States, the Territories of Alaska and of Hawaii, and the District of Columbia.

(b) The term “Ireland” means the Republic of Ireland and the term “Irish” has a corresponding meaning.

(c) The terms “territory of one of the Contracting Parties” and “territory of the other Contracting Party” mean the United States or Ireland as the context requires.

(d) The term “United States corporation” means a corporation, association or other like entity created or organised in or under the laws of the United States.

(e) The term “Irish corporation” means any kind of juridical person created under the laws of Ireland.

(f) The terms “corporation of one Contracting Party” and “corporation of the other Contracting Party” mean a United States corporation or an Irish corporation as the context requires.

(g) The term “resident of Ireland” means any person (other than a citizen of the United States or a United States corporation) who is resident in Ireland for the purposes of Irish tax and not resident in the United States for the purposes of United States tax. A corporation is to be regarded as resident in Ireland if its business is managed and controlled in Ireland.

(h) The term “resident of the United States” means any individual who is resident in the United States for the purposes of United States tax and not resident in Ireland for the purposes of Irish tax, and any United States corporation and any partnership created or organised in or under the laws of the United States, being a corporation or partnership which is not resident in Ireland for the purposes of Irish tax.

(i) The term “Irish enterprise” means an industrial or commercial enterprise or undertaking carried on by a resident of Ireland.

(j) The term “United States enterprise” means an industrial or commercial enterprise or undertaking carried on by a resident of the United States.

(k) The terms “enterprise of one of the Contracting Parties” and “enterprise of the other Contracting Party” mean a United States enterprise or an Irish enterprise, as the context requires.

(l) The term “permanent establishment” when used with respect to an enterprise of one of the Contracting Parties means a branch, management, factory or other fixed place of business, but does not include an agency unless the agent has, and habitually exercises, a general authority to negotiate and conclude contracts on behalf of such enterprise or has a stock of merchandise from which he regularly fills orders on its behalf. An enterprise of one of the Contracting Parties shall not be deemed to have a permanent establishment in the territory of the other Contracting Party merely because it carries on business dealings in the territory of such other Contracting Party through a bona fide commission agent or broker acting in the ordinary course of his business as such. The fact that an enterprise of one of the Contracting Parties maintains in the territory of the other Contracting Party a fixed place of business exclusively for the purchase of goods or merchandise shall not of itself constitute such fixed place of business a permanent establishment of such enterprise. The fact that a corporation of one Contracting Party has a subsidiary corporation which is a corporation of the other Contracting Party or which is engaged in trade or business in the territory of such other Contracting Party (whether through a permanent establishment or otherwise) shall not of itself constitute that subsidiary corporation a permanent establishment of its parent corporation.

(2) For the purposes of Articles VI, VII, VIII, IX and XIV, a resident of Ireland shall not be deemed to be engaged in trade or business in the United States in any taxable year unless such resident has a permanent establishment situated therein in such taxable year. The same principle shall be applied, mutatis mutandis, by Ireland in the case of a resident of the United States.

(3) In the application of the provisions of the present Convention by one of the Contracting Parties any term not otherwise defined shall, unless the context otherwise requires, have the meaning which it has under the laws of that Contracting Party relating to the taxes which are the subject of the present Convention.

Article III

(1) An Irish enterprise shall not be subject to United States tax in respect of its industrial or commercial profits unless it is engaged in trade or business in the United States through a permanent establishment situated therein. If it is so engaged, United States tax may be imposed upon the entire income of such enterprise from all sources within the United States.

(2) A United States enterprise shall not be subject to Irish tax in respect of its industrial or commercial profits unless it is engaged in trade or business in Ireland through a permanent establishment situated therein. If it is so engaged, Irish tax may be imposed upon the entire income of such enterprise from all sources within Ireland.

(3) Where an enterprise of one of the Contracting Parties is engaged in trade or business in the territory of the other Contracting Party through a permanent establishment situated therein, there shall be attributed to such permanent establishment the industrial or commercial profits which it might be expected to derive if it were an independent enterprise engaged in the same or similar activities under the same or similar conditions and dealing at arm's length with the enterprise of which it is a permanent establishment, and the profits so attributed shall, subject to the law of such other Contracting Party, be deemed to be income from sources within the territory of such other Contracting Party.

(4) In determining the industrial or commercial profits from sources within the territory of one of the Contracting Parties of an enterprise of the other Contracting Party, no profits shall be deemed to arise from the mere purchase of goods or merchandise within the territory of the former Contracting Party by such enterprise.

Article IV

Where an enterprise of one of the Contracting Parties, by reason of its participation in the management, control or capital of an enterprise of the other Contracting Party, makes with or imposes on the latter, in their commercial or financial relations, conditions different from those which would be made with an independent enterprise, any profits which would normally have accrued to one of the enterprises but by reason of those conditions have not so accrued, may be included in the profits of that enterprise and taxed accordingly.

Article V

(1) Notwithstanding the provisions of Articles III and IV of the present Convention, profits which an individual resident of Ireland or an Irish corporation derives from operating ships documented or aircraft registered under the laws of Ireland, shall be exempt from United States tax.

(2) Notwithstanding the provisions of Articles III and IV of the present Convention, profits which a citizen of the United States not resident in Ireland or a United States corporation derives from operating ships documented or aircraft registered under the laws of the United States, shall be exempt from Irish tax.

(3) This Article shall not be deemed to affect the arrangement between Ireland and the United States, providing for reciprocal exemption of shipping profits from income tax, effected between the Government of the United States and the Government of Ireland by exchange of Notes dated August 24, 1933, and January 8, 1934.

Article VI

(1) The rate of United States tax on dividends derived from a United States corporation by a resident of Ireland who is subject to Irish tax on such dividends and not engaged in trade or business in the United States shall not exceed 15 per cent.; provided that such rate of tax shall not exceed five per cent. if such a resident is a corporation controlling, directly or indirectly, at least 95 per cent. of the entire voting power in the corporation paying the dividend, and not more than 25 per cent. of the gross income of such paying corporation is derived from interest and dividends, other than interest and dividends received from its own subsidiary corporations. Such reduction of the rate to five per cent. shall not apply if the relationship of the two corporations has been arranged or is maintained primarily with the intention of securing such reduced rate.

(2) Dividends derived from sources within Ireland by an individual who is (a) a resident of the United States, (b) subject to United States tax with respect to such dividends, and (c) not engaged in trade or business in Ireland, shall be exempt from Irish surtax.

(3) Either of the Contracting Parties may terminate this Article by giving written notice of termination to the other Contracting Party, through diplomatic channels, on or before the thirtieth day of June in any calendar year after the calendar year in which the exchange of the instruments of ratification takes place and in such event paragraph (1) hereof shall cease to be effective as to United States tax on and after the first day of January, and paragraph (2) hereof shall cease to be effective as to Irish tax on and after the sixth day of April, in the calendar year next following that in which such notice is given.

Article VII

(1) Interest (on bonds, securities, notes, debentures, or on any other form of indebtedness) derived from sources within the United States by a resident of Ireland who is subject to Irish tax on such interest and not engaged in trade or business in the United States, shall be exempt from United States tax; but such exemption shall not apply to such interest paid by a United States corporation to a corporation resident in Ireland controlling, directly or indirectly, more than 50 per cent. of the entire voting power in the paying corporation.

(2) Interest (on bonds, securities, notes, debentures, or on any other form of indebtedness) derived from sources within Ireland by a resident of the United States who is subject to United States tax on such interest and not engaged in trade or business in Ireland, shall be exempt from Irish tax; but such exemption shall not apply to such interest paid by a corporation resident in Ireland to a United States corporation controlling, directly or indirectly, more than 50 per cent. of the entire voting power in the paying corporation.

Article VIII

(1) Royalties and other amounts paid as consideration for the use of, or for the privilege of using, copyrights, patents, designs, secret processes and formulae, trademarks, and other like property, and derived from sources within the United States by a resident of Ireland who is subject to Irish tax on such royalties or other amounts and not engaged in trade or business in the United States, shall be exempt from United States tax.

(2) Royalties and other amounts paid as consideration for the use of, or for the privilege of using, copyrights, patents, designs, secret processes and formulae, trademarks, and other like property, and derived from sources within Ireland by a resident of the United States who is subject to United States tax on such royalties or other amounts and not engaged in trade or business in Ireland shall be exempt from Irish tax.

(3) For the purposes of this Article the term “royalties” shall be deemed to include rentals in respect of motion picture films.

Article IX

(1) The rate of United States tax on royalties in respect of the operation of mines or quarries or of other extraction of natural resources, and on rentals from real property or from an interest in such property, derived from sources within the United States by a resident of Ireland who is subject to Irish tax with respect to such royalties or rentals and not engaged in trade or business in the United States, shall not exceed 15 per cent.: provided that any such resident may elect for any taxable year to be subject to United States tax as if such resident were engaged in trade or business in the United States.

(2) Royalties in respect of the operation of mines or quarries or of other extraction of natural resources, and rentals from real property or from an interest in such property, derived from sources within Ireland by an individual who is (a) a resident of the United States, (b) subject to United States tax with respect to such royalties and rentals, and (c) not engaged in trade or business in Ireland, shall be exempt from Irish surtax.

Article X

(1) Any salary, wage, similar remuneration, or pension, paid by the Government of the United States to an individual (other than a citizen of Ireland who is not also a citizen of the United States) in respect of services rendered to the United States in the discharge of governmental functions, shall be exempt from Irish tax.

(2) Any salary, wage, similar remuneration, or pension, paid by the Government of Ireland to an individual (other than a citizen of the United States who is not also a citizen of Ireland) in respect of services rendered to Ireland in the discharge of governmental functions, shall be exempt from United States tax.

(3) The provisions of this Article shall not apply to payments in respect of services rendered in connection with any trade or business carried on by either of the Contracting Parties for purposes of profit.

Article XI

(1) An individual who is a resident of Ireland shall be exempt from United States tax upon compensation for personal (including professional) services performed during the taxable year within the United States if (a) he is present within the United States for a period or periods not exceeding in the aggregate 183 days during such taxable year, and (b) such services are performed for or on behalf of a person resident in Ireland.

(2) An individual who is a resident of the United States shall be exempt from Irish tax upon profits, emoluments or other remuneration in respect of personal (including professional) services performed within Ireland in any year of assessment if (a) he is present within Ireland for a period or periods not exceeding in the aggregate 183 days during that year, and (b) such services are performed for or on behalf of a person resident in the United States.

Article XII

(1) Any pension (other than a pension to which Article X applies), and any life annuity, derived from sources within the United States by an individual who is a resident of Ireland shall be exempt from United States tax.

(2) Any pension (other than a pension to which Article X applies), and any life annuity, derived from sources within Ireland by an individual who is a resident of the United States shall be exempt from Irish tax.

(3) The term “life annuity” means a stated sum payable periodically at stated times, during life or during a specified or ascertainable period of time, under an obligation to make the payments in consideration of money paid.

Article XIII

(1) Subject to section 131 of the United States Internal Revenue Code as in effect on the day on which this Convention shall have come into effect, Irish tax shall be allowed as a credit against United States tax. For this purpose, the recipient of a dividend paid by a corporation which is a resident of Ireland shall be deemed to have paid the Irish income tax appropriate to such dividend if such recipient elects to include in his gross income for the purposes of United States tax the amount of such Irish income tax. For the purposes only of this Article, income derived from sources in the United Kingdom by an individual who is resident in Ireland shall be deemed to be income from sources in Ireland if such income is not subject to United Kingdom income tax.

(2) Subject to such provisions (which shall not affect the general principle hereof) as may be enacted in Ireland, United States tax payable in respect of income from sources within the United States shall be allowed as a credit against any Irish tax payable in respect of that income. Where such income is an ordinary dividend paid by a United States corporation, such credit shall take into account (in addition to any United States income tax deducted from or imposed on such dividend) the United States income tax imposed on such corporation in respect of its profits, and where it is a dividend paid on participating preference shares and representing both a dividend at the fixed rate to which the shares are entitled and an additional participation in profits, such tax on profits shall likewise be taken into account in so far as the dividend exceeds such fixed rate.

(3) For the purposes of this Article, compensation, profits, emoluments and other remuneration for personal (including professional) services shall be deemed to be income from sources within the territory of the Contracting Party where such services are performed.

Article XIV

A resident of Ireland not engaged in trade or business in the United States shall be exempt from United States tax on gains from the sale or exchange of capital assets.

Article XV

(1) Dividends and interest paid, on or after the first day of January in the calendar year in which the exchange of instruments of ratification takes place, by an Irish corporation shall be exempt from United States tax except where the recipient is a citizen of or a resident in the United States or a United States corporation.

(2) Dividends and interest paid, on or after the sixth day of April of the first year of assessment specified in Article XXII (2) (b) (i) of this Convention, by a United States corporation shall be exempt from Irish tax except where the recipient is a resident of Ireland.

Article XVI

An Irish corporation shall be exempt from United States tax on its accumulated or undistributed earnings, profits, income or surplus, if individuals who are residents of Ireland control, directly or indirectly, throughout the latter half of the taxable year, more than 50 per cent. of the entire voting power in such corporation.

Article XVII

(1) The United States income tax liability for any taxable year beginning prior to January 1, 1936, of any individual (other than a citizen of the United States) resident in Ireland, or of any Irish corporation, remaining unpaid on the date of signature of the present Convention, may be adjusted on a basis satisfactory to the United States Commissioner of Internal Revenue: provided that the amount to be paid in settlement of such liability shall not exceed the amount of the liability which would have been determined if—

(a) the United States Revenue Act of 1936 (except in the case of an Irish corporation in which more than 50 per cent. of the entire voting power was controlled, directly or indirectly, throughout the latter half of the taxable year, by citizens or residents of the United States), and

(b) Article XV and XVI of the present Convention,

had been in effect for such year. If the taxpayer was not, within the meaning of such Revenue Act, engaged in trade or business in the United States and had no office or place of business therein during the taxable year, the amount of interest and penalties shall not exceed 50 per cent. of the amount of the tax with respect to which such interest and penalties have been computed.

(2) The United States income tax unpaid on the date of signature of the present Convention for any taxable year beginning after the thirty-first day of December, 1935, and prior to the first day of January in the calendar year in which the exchange of instruments of ratification takes place in the case of an individual resident of Ireland or in the case of any Irish corporation shall be determined as if the provisions of Articles XV and XVI of the present Convention had been in effect for such taxable year.

(3) The provisions of paragraphs (1) of this Article shall not apply—

(a) unless the taxpayer files with the Commissioner of Internal Revenue on or before the thirty-first day of December of the second calendar year following the calendar year in which the exchange of the instruments of ratification takes place a request that such tax liability be so adjusted and furnishes such information as the Commissioner may require; or

(b) in any case in which the Commissioner is satisfied that any deficiency in tax is due to fraud with intent to evade the tax.

Article XVIII

A professor or teacher from the territory of one of the Contracting Parties who visits the territory of the other Contracting Party for the purpose of teaching, for a period not exceeding two years, at a university, college, school or other educational institution in the territory of such other Contracting Party shall be exempted by such other Contracting Party from tax on his remuneration for such teaching for such period.

Article XIX

A student or business apprentice from the territory of one of the Contracting Parties who is receiving full-time education or training in the territory of the other Contracting Party shall be exempted by such other Contracting Party from tax on payments made to him by persons within the territory of the former Contracting Party for the purposes of his maintenance, education or training.

Article XX

(1) The taxation authorities of the Contracting Parties shall exchange such information (being information available under the respective taxation laws of the Contracting Parties) as is necessary for carrying out the provisions of the present Convention or for the prevention of fraud or the administration of statutory provisions against legal avoidance in relation to the taxes which are the subject of the present Convention. Any information so exchanged shall be treated as secret and shall not be disclosed to any person other than those concerned with the assessment and collection of the taxes which are the subject of the present Convention. No information shall be exchanged which would disclose any trade secret or trade process.

(2) As used in this Article, the term “taxation authorities” means, in the case of the United States, the Commissioner of Internal Revenue or his authorised representative and, in the case of Ireland, the Revenue Commissioners or their authorised representative.

Article XXI

(1) The nationals of one of the Contracting Parties shall not, while resident in the territory of the other Contracting Party, be subjected therein to other or more burdensome taxes than are the nationals of such other Contracting Party resident in its territory.

(2) The term “nationals” as used in this Article means—

(a) In relation to Ireland, all citizens of Ireland; and

(b) In relation to the United States, United States citizens;

and includes all legal persons, partnerships and associations deriving their status as such from, or created or organised under, the laws in force in any territory of the Contracting Parties to which the present Convention applies.

Article XXII

(1) The present Convention shall be ratified and the instruments of ratification shall be exchanged at Washington, District of Columbia, as soon as possible.

(2) Upon exchange of ratifications, the present Convention shall have effect—

(a) as respects United States tax, for the taxable years beginning on or after the first day of January in the calendar year in which the exchange of instruments of ratification takes place;

(b) (i) as respects Irish income tax, for the year of assessment beginning on the 6th day of April in the calendar year in which the exchange of instruments of ratification takes place and subsequent years;

(ii) as respects Irish surtax, for the year of assessment beginning on the 6th day of April immediately preceding the calendar year in which the exchange of instruments of ratification takes place, and subsequent years; and

(iii) as respects Irish corporation profits tax, for any chargeable accounting period beginning on or after the first day of April in the calendar year in which the exchange of instruments of ratification takes place, and for the unexpired portion of any chargeable accounting period current at that date.

Article XXIII

(1) The present Convention shall continue in effect indefinitely but either of the Contracting Parties may, on or before the 30th day of June in any calendar year following the calendar year in which the exchange of instruments of ratification takes place, give to the other Contracting Party, through diplomatic channels, notice of termination and, in such event, the present Convention shall cease to be effective—

(a) as respects United States tax, for the taxable years beginning on or after the first day of January in the calendar year next following that in which such notice is given;

(b) (i) as respects Irish income tax, for any year of assessment beginning on or after the 6th day of April in the calendar year next following that in which such notice is given;

(ii) as respects Irish surtax, for any year of assessment beginning on or after the 6th day of April in the calendar year in which such notice is given; and

(iii) as respects Irish corporation profits tax, for any chargeable accounting period beginning on or after the first day of April in the calendar year next following that in which such notice is given and for the unexpired portion of any chargeable accounting period current at that date.

(2) The termination of the present Convention or of any Article thereof shall not have the effect of reviving any treaty or arrangement abrogated by the present Convention or by treaties previously concluded between the Contracting Parties.

IN WITNESS WHEREOF the above-named Plenipotentiaries have signed the present Convention and have affixed thereto their seals.

Done at Dublin, in duplicate, this thirteenth day of September, 1949.

For the Government of Ireland:

P. McGILLIGAN

SEAN MacBRIDE

For the Government of the United States of America:

GEORGE A. GARRETT.

SCHEDULE 26 Replacement of Harbour Authorities by Port Companies

[FA97 Sch5]

Interpretation

“relevant port company” means a company formed pursuant to section 7 or 87 of the Harbours Act, 1996;

“relevant transfer” means—

(a) the vesting in a relevant port company of assets in accordance with section 96 of the Harbours Act, 1996, and

(b) the transfer to a relevant port company of rights and liabilities in accordance with section 97 of that Act.

Capital allowances

(a) allowances and charges provided for in Part 9, section 670, Chapter 1 of Part 29 and sections 765 and 769, or any other provision of the Tax Acts relating to the making of allowances or charges under or in accordance with that Part or Chapter or those sections, and

(b) allowances or charges provided for by sections 307 and 308.

(2) The relevant transfer shall not be treated as giving rise to any allowance or charge under any of the provisions referred to in subparagraph (1).

(3) There shall be made to or on the relevant port company in accordance with sections 307 and 308 all such allowances and charges in respect of an asset acquired by it in the course of a relevant transfer as would have been made if—

(a) allowances in relation to the asset made to the person from whom the asset was acquired had been made to the relevant port company, and

(b) everything done to or by that person in relation to the asset had been done to or by the relevant port company.

Capital gains

(2) The disposal of an asset by a person in the course of a relevant transfer shall be deemed to be for a consideration of such amount as would secure that on the disposal neither a gain nor a loss would accrue to the person.

(3) Where subparagraph (2) has applied in relation to a disposal of an asset, then, in relation to any subsequent disposal of the asset by the relevant port company, the relevant port company shall be treated as if the acquisition or provision of the asset by the person from whom it was acquired by the relevant port company was that company's acquisition or provision of the asset.

(4) For the purposes of section 597, the relevant port company and the person from whom an asset was acquired in the course of a relevant transfer shall be treated as if they were the same person.

SCHEDULE 27 Forms of Declarations to be Made by Certain Persons

[ITA67 Sch17; F(MP) A68 s3(4) and Sch Pt III]

PART 1

Form of declaration to be made by Appeal Commissioners acting in respect of tax under Schedule D

“I, A.B., do solemnly declare, that I will truly, faithfully, impartially and honestly, according to the best of my skill and knowledge, execute the powers and authorities vested in me by the Acts relating to income tax, and that I will exercise the powers entrusted to me by the said Acts in such manner only as shall appear to me necessary for the due execution of the same; and that I will judge and determine upon all matters and things which shall be brought before me under the said Acts without favour, affection, or malice; and that I will not disclose any particular contained in any schedule, statement, return or other document delivered with respect to any tax charged under the provisions relating to Schedule D of the said Acts, or any evidence or answer given by any person who shall be examined, or shall make affidavit or deposition, respecting the same, in pursuance of the said Acts, except to such persons only as shall act in the execution of the said Acts, and where it shall be necessary to disclose the same to them for the purposes of the said Acts, or to the Revenue Commissioners, or in order to, or in the course of, a prosecution for perjury committed in such examination, affidavit or deposition.”

Form of declaration to be made by inspectors

“I, A.B., do solemnly declare, that in the execution of the Acts relating to income tax I will examine and revise all statements, returns, schedules and declarations delivered within my district, and, in objecting to the same, I will act according to the best of my information and knowledge; and that I will conduct myself without favour, affection, or malice, and that I will exercise the powers entrusted to me by the said Acts in such manner only as shall appear to me to be necessary for the due execution of the same, or as I shall be directed by the Revenue Commissioners; and that I will not disclose any particular contained in any statement, return, schedule or other document, with respect to any tax charged under the provisions relating to Schedule D of the said Acts, or any evidence or answer given by any person who shall be examined, or shall make affidavit or deposition, respecting the same, in pursuance of the said Acts, except to such persons only as shall act in the execution of the said Acts, and where it shall be necessary to disclose the same to them for the purposes of the said Acts, or to the Revenue Commissioners, or in order to, or in the course of, a prosecution for perjury committed in such examination, affidavit or deposition.”

Form of declaration to be made by persons appointed under section 854 or section 855 as assessors

“I, A.B., do solemnly declare, that in the execution of the Acts relating to income tax, I will in all respects act diligently and honestly, and without favour or affection, to the best of my knowledge and belief, and that I will not disclose any particular contained in any statement, return, schedule or other document delivered to me in the execution of the said Acts with respect to any tax charged under the provisions relating to Schedule D of the said Acts, except to such persons only as shall act in the execution of the said Acts, and where it shall be necessary to disclose the same to them for purposes of the said Acts, or in order to, or in the course of, a prosecution for perjury committed in any matter relating to such statement, return, schedule or other document.”

Form of declaration to be made by the Collector-General and officers for receiving tax

“I, A.B., do solemnly declare, that in the execution of the Acts relating to income tax, I will not disclose any assessment, or the amount of any sum paid or to be paid by any person, under the said Acts, or the books of assessment which shall be delivered to me in the execution of the said Acts, with respect to any tax charged under the provisions relating to Schedule D of the said Acts, except to such persons only as shall act in the execution of the said Acts, and where it shall be necessary to disclose the same to them for the purposes of the said Acts, or to the Revenue Commissioners, or in order to, or in the course of, a prosecution for perjury committed in relation to the said tax.”

Form of declaration to be made by the Clerk to the Appeal Commissioners

“I, A.B., do solemnly declare, that I will diligently and faithfully execute the office of a clerk according to the Acts relating to income tax, to the best of my knowledge and judgment; and that I will not disclose any particular contained in any statement, return, declaration, schedule or other document, with respect to the tax charged under the provisions relating to Schedule D of the said Acts, or any evidence or answer given by any person who shall be examined, or shall make affidavit or deposition, respecting the same, except to such persons only as shall act in the execution of the said Acts, and where I shall be directed so to do by the said Acts, or by the commissioners under whom I act, or by the Revenue Commissioners, or in order to, and in the course of, a prosecution for perjury committed in such examination, affidavit or deposition.”

PART 2

Form of declaration to be made by a Commissioner for Offices

“I, A.B., do solemnly declare, that I will truly, faithfully, impartially and honestly, according to the best of my skill and knowledge, execute the powers and authorities vested in me as a Commissioner for Offices by the Acts relating to income tax, and that I will judge and determine upon all matters and things which shall be brought before me under the said Acts without favour, affection or malice.”

SCHEDULE 28 Statements, Lists and Declarations

[ITA67 Sch18 pars II to IX; FA69 s33(1) and Sch4 PtI; FA90 s20(1); FA97 s146(2) and Sch9 PtII]

1.—BY OR FOR EVERY PERSON CARRYING ON ANY TRADE OR EXERCISING ANY PROFESSION TO BE CHARGED UNDER SCHEDULE D.

The amount of the profits or gains thereof arising within the year of assessment.

2.—BY EVERY PERSON ENTITLED TO PROFITS OF AN UNCERTAIN VALUE NOT BEFORE STATED, OR ANY INTEREST, ANNUITY, ANNUAL PAYMENT, DISCOUNT OR DIVIDEND, TO BE CHARGED UNDER SCHEDULE D.

The full amount of the profits or gains arising therefrom within the year of assessment.

3.—BY EVERY PERSON ENTITLED TO OR RECEIVING INCOME FROM SECURITIES OR POSSESSIONS OUT OF THE STATE TO BE CHARGED UNDER SCHEDULE D.

(1) The full amount arising within the year of assessment, and the amount of every deduction or allowance claimed in respect thereof, together with the particulars of such deduction and the grounds for claiming such allowance; or

(2) In the case of any such person who satisfies the Revenue Commissioners that he or she is not domiciled in the State, or that being a citizen of Ireland he or she is not ordinarily resident in the State, or in the case of income arising from such securities and possessions aforesaid which form part of the investments of the foreign life assurance fund of an assurance company the full amount of the actual sums received in the State from remittances payable in the State or from property imported, or from money or value arising from property not imported, or from money or value so received on credit or on account in respect of such remittances, property, money or value brought into the State in the year of assessment without any deduction or abatement.

4.—BY EVERY PERSON ENTITLED TO ANY ANNUAL PROFITS OR GAINS NOT FALLING UNDER ANY OF THE FOREGOING RULES, AND NOT CHARGED BY ANY OF THE OTHER SCHEDULES, TO BE CHARGED UNDER SCHEDULE D.

The full amount thereof received annually, or according to the average directed to be taken by the inspector on a statement of the nature of such profits or gains and the grounds on which the amount has been computed, and the average taken, to the best of the knowledge and belief of such person.

5.—STATEMENT OF PROFITS OF ANY PUBLIC OFFICE, OR EMPLOYMENT OF PROFIT, TO BE CHARGED UNDER SCHEDULE E.

The amount of the salary, fees, wages, perquisites and profits of the year of assessment.

6.—GENERAL DECLARATION BY EACH PERSON RETURNING A STATEMENT OF PROFITS OR GAINS TO BE CHARGED UNDER SCHEDULES D OR E

Declaring the truth thereof, and that the same is fully stated on every description of property, or profits or gains, included in the Act relating to the said tax, and appertaining to such person, estimated to the best of such person's judgment and belief, according to the provisions of the Income Tax Acts.

7.—LISTS AND DECLARATIONS FOR FACILITATING THE EXECUTION OF THE INCOME TAX ACTS IN RELATION TO THE TAX CHARGEABLE ON OTHERS.

First. List containing the name and place of residence of every person in any service or employ, and the payments made to every such person in respect of the service or employment.

Second. List to be delivered by every person chargeable on behalf of another person, and by any person whomsoever who, in whatever capacity, is in receipt of any money or value, or of profits or gains, of or belonging to any other person, describing that other person for whom the person acts, and stating that other person's name and address, and the amount of such money, value, profit or gains, and declaring whether that other person is of full age, or a married woman living with her husband, or a married woman whose husband is not accountable for the payment of tax charged on her, or is resident in the State, or is an incapacitated person. The person delivering such list shall also deliver a list containing the names and addresses of any other person or persons acting jointly with such person.

Third. Declaration on whom the tax is chargeable in respect of any such money, value, profits or gains.

Fourth. List containing the proper description of every body of persons, or trust for which any person is answerable under the Income Tax Acts and where any such person is answerable under the Income Tax Acts for the tax to be charged in respect of the property or profits or gains of other persons, that person shall deliver such lists as aforesaid, together with the required statements of such profits or gains.

8.—LISTS, DECLARATIONS, AND STATEMENTS TO BE DELIVERED IN ORDER TO OBTAIN ANY ALLOWANCE OR DEDUCTION.

First. Declaration of the amount of value of property or profits or gains returned, or for which the claimant has been, or is liable to be, assessed.

Second. Declaration of the amount of rents, interests, annuities, or other annual payments, in respect of which the claimant is liable to allow the tax, with the names of the respective persons by whom such payments are to be made, distinguishing the amount of each payment.

Third. Declaration of the amount of interest, annuities, or other annual payments to be made out of the property or profits or gains assessed on the claimant, distinguishing each source.

Fourth. Statement of the amount of income derived according to the 3 preceding declarations.

Fifth. Statement of any tax which the claimant may be entitled to deduct, retain or charge against any other person.

SCHEDULE 29 Provisions Referred to in Sections 1052, 1053 and 1054

[ITA67 Sch15; F(MP) A68 s5(2); FA72 s13(4) and Sch1 PtIII par3; FA73 s33(7) and Sch 3 par2 and s39 and Sch5 par10; FA74 s59(6) and s73(5); FA75 s22(2) and Sch2 PtII; FA76 s11(4); FA81 s29(4); FA82 s4(8), s5(2)(b) and s51(8); FA83 s20(5), s21(3), and s22(3); FA84 s24(9) and s29(6); FA85 s19(4); FA86 s9(11) (b) and s40(1); FA88 s10(12) and s73(7)(a); FA89 s18(5)(b), 19(4) and Sch 1 par3(1); FA91 s68(4); FA92 s226(7); WCTIPA93 s12; FA95 s7(9)(b) and s236(7); FA97 s13(2)]

Column 1	Column 2	Column 3
section 121 section 473 or Regulations under that section section 477 section 531 and Regulations under that section section 877 section 878 section 879(2) section 880 section 951(1) and (2) paragraphs (a) (iii) (I) and (c) of subsection (2) and paragraphs (a) (i) and (b) (i) of subsection (4) of section 1002 section 1023 Waiver of Certain Tax, Interest and Penalties Act, 1993, sections 2(3) (a) and 3(6) (b)	section 128(11) section 183 section 258(2) section 505(3) and (4) section 510(7) section 645 section 804(4) section 808 section 812(4) section 815 section 881 section 888 section 890 section 891 section 892 section 893(2) section 894(3) section 897 section 898 section 900 section 909 section 935 section 947 Schedule 1, paragraph 1 Schedule 9, paragraph 8 Schedule 18, paragraph 1(2) Schedule 23, paragraph 2,3(2) (b) and 3(3)	section 123(6) section 238(3) section 257(1) section 505(1) and (2) section 531 and Regulations under that section section 734(5) section 876 section 885 section 893(3) section 904 section 972 Schedule 2, paragraph 14 Schedule 23, paragraph 3(2) (a) Waiver of Certain Tax, Interest and Penalties Act, 1993, sections 2(3) (a) and 3(6) (b)

SCHEDULE 30 Repeals

Number and year	Short title	Extent of repeal
(1)	(2)	(3)
No. 11 of 1928.	Finance Act, 1928.	Section 34(2)
No. 6 of 1967.	Income Tax Act, 1967.	The whole Act, in so far as it is unrepealed
No. 7 of 1967.	Income Tax (Amendment) Act, 1967.	The whole Act, in so far as it is unrepealed.
No. 17 of 1967.	Finance Act, 1967.	Part I, in so far as it is unrepealed. Section 25, in so far as it relates to income tax. Section 27(2) and (6) Third Schedule, Part I, in so far as it relates to income tax.
No. 7 of 1968.	Finance (Miscellaneous Provisions) Act, 1968.	Parts I and IV, in so far as they are unrepealed. Sections 25 to 27. Section 29(2) Schedule, Parts I to IV.
No. 33 of 1968.	Finance Act, 1968.	Part I, in so far as it is unrepealed. Sections 37 to 39. Section 48(2) and (5).
No. 37 of 1968.	Finance (No. 2) Act, 1968.	Sections 8 and 11(4), in so far as they are unrepealed.
No. 21 of 1969.	Finance Act, 1969.	Parts I and II, in so far as they are unrepealed. Section 63, in so far as it is unrepealed. Sections 64 and 65(1). Section 67(2) and (7). Fourth Schedule, Part I. Fifth Schedule, Part I.
No. 14 of 1970.	Finance Act, 1970.	Part I, in so far as it is unrepealed. Sections 57 to 59. Section 62(2) and (7).
No. 25 of 1970.	Finance (No. 2) Act, 1970.	Section 1. Section 8(2) and (5).
No. 23 of 1971.	Finance Act, 1971.	Part I, in so far as it is unrepealed. Section 55(2) and (6).
No. 19 of 1972.	Finance Act, 1972.	Part I, in so far as it is unrepealed. Section 42. Section 43, in so far as it is unrepealed. Section 46, in so far as it relates to income tax. Section 48(2) and (5). First Schedule, in so far as it is unrepealed. Third Schedule, in so far as it relates to income tax. Fourth Schedule, in so far as it relates to income tax.
No. 19 of 1973.	Finance Act, 1973.	Part I, in so far as it is unrepealed. Section 92, except in so far as it relates to death duties and stamp duty. Section 98(2) and (6). Third Schedule. Fifth Schedule.
No. 17 of 1974.	Finance (Taxation of Profits of Certain Mines) Act, 1974.	The whole Act, in so far as it is unrepealed.
No. 27 of 1974.	Finance Act, 1974.	Part I, in so far as it is unrepealed. Section 86. Section 88(2) and (5). First Schedule. Second Schedule.
No. 6 of 1975.	Finance Act, 1975.	Part I, in so far as it is unrepealed. Section 57(2) and (5). First Schedule. Second Schedule.
No. 19 of 1975.	Finance (No. 2) Act, 1975.	Sections 1 and 4(2).
No. 20 of 1975.	Capital Gains Tax Act, 1975.	The whole Act, in so far as it is unrepealed.
No. 7 of 1976.	Corporation Tax Act, 1976.	The whole Act, in so far as it is unrepealed.
No. 16 of 1976.	Finance Act, 1976.	Part I, in so far as it is unrepealed. Section 81(1) and (3) (a). First Schedule. Second Schedule.
No. 18 of 1977.	Finance Act, 1977.	Part I, in so far as it is unrepealed. Section 53. Section 54, in so far as it relates to income tax, corporation tax and capital gains tax. Section 56(2) and (7) First Schedule. Second Schedule, in so far as it relates to income tax, corporation tax and capital gains tax.
No. 21 of 1978.	Finance Act, 1978.	Part I, in so far as it is unrepealed. Section 46, in so far as it relates to income tax, corporation tax and capital gains tax. Sections 47, 52(1) and 54(2) and (8). First Schedule. Second Schedule. Fourth Schedule, Part I.
No. 33 of 1978.	Capital Gains Tax (Amendment) Act, 1978.	The whole Act, in so far as it is unrepealed.
No. 11 of 1979.	Finance Act, 1979.	Part I, in so far as it is unrepealed. Section 59(2) and (6). First Schedule. Second Schedule.
No. 14 of 1980.	Finance Act, 1980.	Part I, in so far as it is unrepealed. Sections 89 and 96(2) and (7). First Schedule.
No. 16 of 1981.	Finance Act, 1981.	Part I, in so far as it is unrepealed. Sections 52 and 54(2) and (7). First Schedule.
No. 14 of 1982.	Finance Act, 1982.	Part I, in so far as it is unrepealed. Sections 105(2) and (7). First Schedule. Second Schedule. Third Schedule.
No. 15 of 1983.	Finance Act, 1983.	Part I, in so far as it is unrepealed. Part V. Section 120, in so far as it relates to income tax, corporation tax and capital gains tax. Section 122(2) and (6). Fourth Schedule, in so far as it relates to income tax, corporation tax and capital gains tax.
No. 9 of 1984.	Finance Act, 1984.	Part I, in so far as it is unrepealed. Section 116(2) and (7). First Schedule. Second Schedule.
No. 10 of 1985.	Finance Act, 1985.	Part I. Sections 69 and 71(2) and (7). First Schedule.
No. 13 of 1986.	Finance Act, 1986.	Part I, in so far as it is unrepealed. Sections 112 to 116. Sections 118(2), (7) (in so far as it relates to income tax, corporation tax and capital gains tax) and (8). First Schedule. Second Schedule. Third Schedule. Fourth Schedule.
No. 34 of 1986.	Income Tax (Amendment) Act, 1986.	The whole Act.
No. 10 of 1987.	Finance Act, 1987.	Part I. Sections 52 and 55(2) and (7).
No. 12 of 1988.	Finance Act, 1988.	Part I, in so far as it is unrepealed. Sections 70 to 74. Sections 77(2), (7) (except in so far as it relates to the Local Loans Fund) and (8). First Schedule. Second Schedule. Third Schedule.
No. 6 of 1989.	Judicial Separation and Family Law Reform Act, 1989.	Section 26.
No. 10 of 1989.	Finance Act, 1989.	Part I, in so far as it is unrepealed. Sections 86 to 89. Sections 95, 98 and 100(2), (7) (except in so far as it relates to capital acquisitions tax) and (8). First Schedule.
No. 10 of 1990.	Finance Act, 1990.	Part I. Sections 131, 136, 137, 138 and 140(2) and (8). First Schedule. Second Schedule. Third Schedule. Fourth Schedule. Fifth Schedule. Sixth Schedule.
No. 13 of 1991.	Finance Act, 1991.	Part I, in so far as it is unrepealed. Sections 126, 128, 130 and 132(2) and (8). First Schedule. Second Schedule.
No. 3 of 1992.	Oireachtas (Allowances to Members) and inisterial and Parliamentary Offices Act, 1992.	Section 4.
No. 9 of 1992.	Finance Act, 1992.	Part I, in so far as it is unrepealed Part VII, except section 248 in so far as it relates to residential property tax. Section 254(2), (8) (except in so far as it relates to residential property tax) and (9). First Schedule. Second Schedule.
No. 28 of 1992.	Finance (No. 2) Act, 1992.	Part I. Section 30(2).
No. 13 of 1993.	Finance Act, 1993.	Part I, in so far as it is unrepealed. Sections 140 and 143(2) and (8). First Schedule.
No. 24 of 1993.	Waiver of Certain Tax, Interest and Penalties Act, 1993.	Sections 10 to 13.
No. 13 of 1994.	Finance Act, 1994.	Part I, in so far as it is unrepealed. Part VII, Chapter I. Section 161, except in so far as it relates to stamp duty. Sections 162, 163(2), 164 and 166(2) and (8). First Schedule. Second Schedule.
No. 8 of 1995.	Finance Act, 1995.	Part I, in so far as it is unrepealed. Part VII, Chapter I. Sections 172 to 177. Section 179(2), (8) and (9). First Schedule. Second Schedule. Third Schedule. Fourth Schedule.
No. 26 of 1995.	Family Law Act, 1995.	Section 37.
No. 9 of 1996.	Finance Act, 1996.	Part I, in so far as it is unrepealed. Part VI. Sections 139 and 143(2), (7) and (8). First Schedule. Fifth Schedule.
No. 25 of 1996.	Disclosure of Certain Information for Taxation and Other Purposes Act, 1996.	Sections 5, 6, 10, 11 and 12.
No. 31 of 1996.	Criminal Assets Bureau Act, 1996.	Sections 23 and 24(1) and (2).
No. 33 of 1996.	Family Law (Divorce) Act, 1996.	Section 31.
No. 22 of 1997.	Finance Act, 1997.	Parts I and VII. Sections 157, 158, 159, 160(1) and 166(2), (8) and (9). First Schedule. Second Schedule. Third Schedule. Fourth Schedule. Fifth Schedule. Sixth Schedule. Ninth Schedule. Tenth Schedule.

SCHEDULE 31 Consequential Amendments

In the enactments specified in Column (1) of the following Table for the words set out or referred to in Column (2) there shall be substituted the words set out in the corresponding entry in Column (3).