Capital Acquisitions Tax Consolidation Act 2003 section 106

Arrangements for relief from double taxation

Section 106 enables the Government to enter into double taxation agreements and tax information exchange arrangements with other countries in relation to gift tax, inheritance tax, and similar taxes, and sets out the procedures for giving such arrangements the force of law.

• The Government may, by order, give the force of law to arrangements with foreign governments for relief from double taxation on gift tax and inheritance tax (or similar taxes) and for the exchange of information to prevent and detect tax evasion.
• Such arrangements only take legal effect once the order has been approved by Dáil Éireann and a reference to it has been inserted in the Table to the section; arrangements may include retrospective relief and provisions dealing with the deemed location of property for treaty purposes.
• Official secrecy obligations do not prevent the Revenue Commissioners from disclosing information to a foreign tax authority where required under a treaty, and an agreement made with a head of state is treated as made with that country's government.
• Any order giving effect to a treaty may be revoked by a subsequent government order, which may include transitional provisions; both the original order and any revoking order must be laid before and approved by Dáil Éireann before taking effect.