Section 63 Exemption of dividends of non-residents
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(1)(a) No tax shall be chargeable in respect of dividends to which this Chapter applies which are payable in the State where it is proved to the satisfaction of the Revenue Commissioners that the person owning the stocks, funds, shares or securities and entitled to the income arising from those stocks, funds, shares or securities is not resident in the State but, except where provided by the Income Tax Acts, no allowance shall be given or repayment made in respect of the tax on dividends to which this Chapter applies which are payable in the State.
(b) Where the dividends referred to in paragraph (a) are from stocks, funds, shares or securities which are held under any trust, and the person who is the beneficiary in possession under the trust is the sole beneficiary in possession and can, by means either of the revocation of the trust or of the exercise of any powers under the trust, call on the trustees at any time to transfer the stocks, funds, shares or securities to such person absolutely free from any trust, such person shall for the purposes of this section be deemed to be the person owning the stocks, funds, shares or securities.
If I am non-Irish resident, am I subject to Irish encashment tax on foreign dividends?
(1) If you are not resident in the Republic of Ireland you are exempt from Irish encashment tax on foreign dividends. You are not entitled to any allowance or credit in respect of the tax on foreign dividends payable in the Republic of Ireland....
(2) Relief under this section may be given by the Revenue Commissioners either by means of allowance or repayment on a claim being made to them for that purpose.
(3) Any person aggrieved by a decision of the Revenue Commissioners on any question as to residence arising under this section may, by notice in writing to that effect given to the Revenue Commissioners within 2 months from the date on which notice of the decision is given to such person, make an application to have such person's claim for relief heard and determined by the Appeal Commissioners.
Can I appeal against a Revenue decision in relation to residence?
(3) If you make a claim, and Revenue decide that you are Irish resident and not entitled to relief from encashment tax, you can appeal Revenue's decision. You must make your appeal to the Appeal Commissioners within two months of the date of the Reve...
(4) Where an application is made under subsection (3), the Appeal Commissioners shall hear and determine the claim in the like manner as an appeal made to them against an assessment, and the provisions of the Income Tax Acts relating to such an appeal (including the provisions 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 apply accordingly with any necessary modifications.
Who will decide my appeal?
(4) The Appeal Commissioners must hear and determine your appeal in the same manner as an appeal against an income tax assessment. You have a right, where necessary, to have your reheard by a Circuit Court Judge. You also have a right to have a case ...
